Local and State Government 


j |C l n Nebraska 


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THE UNIVERSITY PUBLISHING CO. 
LINCOLN AND CHICAGO 







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Class_ si 

Book_LiirL 

Copyright N ° Vv ■£ 


COPYRIGHT DEPOSIT. 














LOCAL AND STATE 
GOVERNMENT IN 
NEBRASKA 


BY 

E. P. WILSON 

Superintendent of Schools, Chadron 


1909 


The University Publishing Co. 
Lincoln and Chicago 







Copyright 1909 

THE UNIVERSITY PUBLISHING CO. 

All rights reserved 


©Cl. A 25124 8 




PREFACE 


In this, the second edition of Questions on the 
Constitution of Nebraska, it has been deemed 
advisable to include questions on local govern¬ 
ment. Besides questions dealing with the frame¬ 
work of each of the various kinds of local gov¬ 
ernment, a number of questions have been asked 
whose object is to help pupils to acquire some 
accurate knowledge of what is involved in the 
financial administration of local government. 
Knowledge of these facts is conducive to the 
development of interest in what they signify. In 
the part devoted especially to county govern¬ 
ment, questions are included whose answers con¬ 
tain much practical information relative to land 
surveys. 

Our frame of state government is outlined in 
the constitution and all of our state laws must be 
in conformity with the constitution. Because this 
is so, a large amount of the work done in our high 
schools in the civil government of Nebraska 
should be based directly on the constitution. 
Following this plan gives pupils a true conception 
of the importance of the constitution of our 
state. 

The questions and notes contained in this pam¬ 
phlet have been prepared with a view to en¬ 
couraging the study of the constitution itself. It 
is believed that their use will be conducive to'a 
greater degree of thoroughness than would be 
likely to be the case otherwise. The thing of 
first importance in studying a portion of the con¬ 
stitution is to understand it. These questions 


and notes have been prepared to assist in this. 

After a pupil understands the meaning of each 
section contained in an assigned lesson, such 
other questions may be asked as, in the judgment 
of the teacher, are necessary. It is not meant 
that the questions in the pamphlet shall take the 
jplace of the text questions and the review ques¬ 
tions that the teacher may desire to ask. 

In answering these questions the pupils will 
need to seek information from various sources. 
Work of this kind should be encouraged. It 
gives students helpful ideas of the true nature of 
various phases of local and state government. 
County, school, and municipal officers, and busi¬ 
ness and professional men are, as a rule, glad to 
give pupils assistance in their quest of knowledge 
along these lines. Reports of value may be pro¬ 
cured from the heads of the various state insti¬ 
tutions and from each of the departments of the 
state government. 

Class discussions should be encouraged, but 
they must be guided by the teacher. 

It is hoped that these questions will prove gen¬ 
uinely helpful both to teachers and pupils, and 
that in this way they will contribute toward giv¬ 
ing our boys and girls a more thorough concep¬ 
tion of our government. 

Chadron, July, 1909. 


SUGGESTIONS TO TEACHERS 

The information contained in tax receipts is 
absolutely necessary in doing much of the work 
required. One is needed for the year in which 
the subject is taught and also for the preceding 
year. If the subject is taught too early in the 
school year for a tax receipt for that year to be 
procured, the necessary information can be se¬ 
cured directly from those who make the levies or 
from the county clerk. If a teacher cannot secure 
permanent possession of tax receipts, they should 
be copied before being returned. 

Each pupil should be required to keep a note 
book in which answers to all questions are care¬ 
fully written in ink. The teacher should insist 
on carefulness in the preparation of the maps 
called for. 

A large amount of the information called for 
must be gotten from sources outside of the school 
room. Practically all of this work should be done 
by the pupils under the direction of the teacher. 
It is a good plan to divide this work among small 
groups of pupils and to require each group to 
be responsible for the answers to a limited num¬ 
ber of questions. In many instances pupils 
willingly volunteer for this service. As a rule 
some pupils in a class have unusual opportunities 
for obtaining the information called for in some 
of the questions. This fact should be borne in 
mind in the assignment of questions. 

Pupils should bring pencils and tablets to the 
class and take notes on the reports of the groups, 


5 


6 


GOVERNMENT OF NEBRASKA 


or committees previously mentioned. Informal 
discussion of the matter contained in these re¬ 
ports should be encouraged. The attention of 
the class should be called to items of unusual in¬ 
terest or significance. Immediately after the reci¬ 
tation answers to the questions discussed that day 
should be written in permanent form in the note 
book. 

A large number of arithmetical problems should 
be given. To a large degree these should be 
given and solved in the class. This should be the 
case to an especial degree after the nature of the 
set of problems is understood. This part of the 
work should be taught just as other mental arith¬ 
metic is taught. The nature of the problems 
should be determined by local conditions and 
interests. Property interests that are familiar 
to the members of the class should be used most 
freely in the problems given. 

Public officers as a rule are glad to give the in¬ 
formation called for by these questions. In many 
instances it will be necessary to get the desired 
information by correspondence. Whatever may 
be the means employed, members of classes should 
in all this work show the highest degree of cour¬ 
tesy and common sense. 

Various questions not in the text will suggest 
themselves to the teacher as the work proceeds. 
This is especially true in the study of the Con¬ 
stitution. The teacher’s questions should supple¬ 
ment freely those of the text. 

Care must be exercised to see that pupils under¬ 
stand the Constitution. Pupils sometimes need 
help in selecting definitions in a dictionary. They 


GOVERNMENT OF NEBRASKA 


7 


frequently need help, too, in understanding these 
definitions and in making a proper application 
of them. 

After the part devoted to local government has 
been finished, it should be thoroughly reviewed, 
so that a larger and more complete view of each 
of the units of local government may be obtained. 

After the questions on the Constitution have 
been finished, a careful review should be given, 
for the especial purpose of unifying essential 
facts relative to the frame work of the state gov¬ 
ernment and to.its application to practical affairs. 



LOCAL GOVERNMENT IN NEBRASKA 


THE SCHOOL DISTRICT 

1. Whaf is the area of your school district? 

2. Draw a map of it. 

3. Give the names of the members of the school board. 

4. When are they elected? 

5. Why is it better for them to be elected then in¬ 
stead of at the November election? 

6. What is the length of the term of each? 

7. How many are regularly elected each year? 

8. Why is this better than it would be to elect a full 
board at one election? 

9. Who may vote at the school election? 

10. Who are the officers of the school board in your 
district? 

11. Write a paragraph telling what the duties of the 
school board are. 

12. What was the total revenue of your district dur¬ 
ing the financial year that closed last May or 'last June? 

13. Name the various sources from which this revenue 
was derived and state how much came from each source. 

14. What were the total expenditures of your district 
for the year ending last May or last June, and for what 
purposes was the money used? In answering this ques¬ 
tion include all items of expense under a few heads. 

15. What are the legal age limits for school children? 

16. When was the last school census of your district 
taken? 

17. How many children of school age were there in 
your district at that time? 

18. What is meant by the state apportionment of 
school money ? Article VIII of the constitution of Ne¬ 
braska will help you to answer this question. 

19. How much did your district receive last year from 
this fund? 


9 


10 


GOVERNMENT OF NEBRASKA 


20. How much was that for each child of school age 
in the district? 

21. What was the total enrollment of pupils in your 
schools last year? 

22. What was the average cost to the district of the 
school privileges that each child received? 

23. What is meant by real property? By personal 
property ? 

24. What was the total assessed valuation of both 
real and personal property in your district a year ago 
last spring? 

25. What fraction of the estimated actual valuation 
is the assessed valuation? 

26. What then was the estimated actual valuation of 
all the property in your district at that time? 

27. What was the number of mills of tax levied in 
your district a year ago last summer on each dollar of 
assessed valuation? You can get the answer to this 
question by looking at a tax receipt for last year. 

28. What are school bonds? 

29. Does your district have a bonded debt? 

30. If so, for what purpose, and at what time was 

it incurred? 

31. What is the amount of the debt at this time? 

32. What rate of interest does it bear? 

33. What then is the amount of interest that the dis¬ 
trict pays annually at this time? 

34. Is a bond tax levied in your district? 

35. If so, it amounts to how many mills for each 

dollar of assessed valuation? 

36. What amount of money will this bond tax levy 
bring into the district funds this year? 

37. What amount if any, will be left to apply on the 
payment of bonds after the annual interest payment 
is made? 

38. What was the assessed valuation of the property 
in your district last spring? 


GOVERNMENT OF NEBRASKA 


11 


39. How does that compare with the assessed valu¬ 
ation the year before? 

40. What was the number of mills of school tax 
levied in your district last summer? 

41. How much revenue will that levy produce for the 
running expenses of the school during the current school 
year? 

42. Is this more or less than the corresponding amount 
for last year? If the increase or decrease is marked, 
give a reason for it. 

43. What is the assessed valuation per acre of farm 
land in your district? 

44. What is the assessed valuation of common work 
horses and common cows? 

Note—A number of problems similar to the following 
should be given. 

45. A man in your district owns 80 acres of land. 
He has 6 common work horses and 8 common cows. Tho 
assessed valuation of the rest of his personal property 
is $200. What is the amount of the school tax that he 
will pay this year? 

46. A man has a house and lot in the city or the vil¬ 
lage in which you live. Its actual value is estimated to be 
$3,000. What will be the amount of his school tax 
this year? 

47. What is the assessed valuation this year of the 
railroad property in your district. 

48. How much will the school tax from this amount to? 

49. What is the exact number of miles of track in 
your district? 

50. What is the assessed valuation per mile? 


12 


GOVERNMENT OF NEBRASKA 


VILLAGE AND CITY GOVERNMENT 

1. How large a population must a place have before 
it may become an incorporated village? 

2. What must be the population of an incorporated 
place before under the laws of the state it may become 
a city? 

3. Name the cities in your county. 

4. Name at least two incorporated villages. 

5. What is the area of your city or village? 

6. Draw a map showing its boundaries and the bound¬ 
aries of its wards if it is a city. 

7. How are candidates for the elective offices of a city 
or village nominated? 

8. Give the number and the names of the members of 
your city council or your board of village trustees. If 
you live in a city tell what ward each councilman is 
from. 

9. When are they elected and if members of a city 
council, how many are elected from each ward annually? 

10. Why is it better for them to be elected then than 
at the November election? 

11. What is the length of the term of each? 

12. What is their compensation, if any? 

13. Write a paragraph telling what their duties are. 

14. What is meant by city or village ordinances? 

15. Name three important ordinances of the city or 
village in which you live. 

16. Who is the mayor of your city or the chairman of 
your board of village trustees? 

17. How is he elected? 

18. How long is his term of office? 

19. What is his compensation, if any? 

20. What are his most important duties? 

21. What other municipal officers are there in your 
city or your village who are elected by the qualified 
voters? 


GOVERNMENT OF NEBRASKA l!i 

22 . Give the duties of each? 

23. Give the name of the person now holding each of 
these offices, also the length of the term and the com¬ 
pensation, if any, of each. 

24. What important offices in your city or your village 
are filled by appointment? 

25. Who appoints these officers? 

26. Give the duties of each. 

27. Give the name of the person now holding each of 
these offices, also the length of the term and the com¬ 
pensation, if any, of each. 

28. What is meant by the term “fiscal year”? 

29. When does the fiscal year of your city or your vil¬ 
lage close? 

30. What was the assessed valuation for the last fiscal 
year of your city or the village in which you live? 

31. What then was its estimated actual valuation? 

32. What was the total revenue of your city or your 
village for the last fiscal year? 

33. Name the sources from which it was derived and 
the amount received from each source. 

34. What was the total number of mills of tax levied 
for city or for village purposes for the last fiscal year? 

35. Into what funds was this divided? 

36. How many mills were levied for each fund? 

37. How much money did that levy bring into each 
fund? 

38. What were the total expenditures of your city or 
your village for the last fiscal year? 

39. Group under a few heads the objects for which this 
money was expended and state the approximate amount 
spent for each object. If necessary in order to make 
your answer clear, give some detailed information rela¬ 
tive to the expenditure of money under the different 
heads mentioned. 

40. What is the assessed valuation of your city or your 
village for the current fiscal year? 

41. What is the total number of mills levied for city 


14 


GOVERNMENT OF NEBRASKA 


or for village purposes for the current fiscal year? In 
other words, what is the city or the village consolidated 
tax for the current fiscal year? 

42. How much revenue will this levy produce? 

43. Into what different funds does the money raised 
by this levy go? State the number of mills levied for 
each fund. 

44. How much money will this bring into each fund? 

45. Compare the amount of money that the levy will 
bring into each fund this year with the amount that was 
brought into the same fund last year. If in any case 
there is a marked increase or decrease give the reason 
for it. 

46. Hoes your city or your village have any bonded 
indebtedness? 

47. If so, when was it incurred and for what purpose 
or purposes? 

48. What is the amount of this indebtedness now? 

49. What rate of interest does it bear? 

50. How much money is needed each year to pay the 
interest ? 

51. A levy of how many mills is necessary to provide 
money to pay the interest this year? 

52. How much, if any, of the principal will be paid 
this year? 

. 53. If some of it is to be paid, a levy of how many 
mills is necessary to raise the required amount of money? 

Note—A number of problems similar to the following 
should be given: 

54. A man owns a house and lot the assessed valuation 
of which is $600; a store building whose assessed valu¬ 
ation is $1,800; and a stock of goods whose assessed 
valuation is $1,200. What is the amount of his city tax 
this year? How much does he pay into each of the funds 
into which the city tax is divided? 

V s • ' 


GOVERNMENT OF NEBRASKA 


IS 


THE COUNTY 

1. Draw a map of your county. 

2. On this map show the following: Precinct boundaries 1 
and precinct names, section lines with sections numbered 
in at least three precincts including the one in which you 
live, or the one nearest the city or the village in which 
you live, railroad lines, cities and villages and principal 
streams. Name the cities, villages and streams. 

3. What is a congressional township? 

4. On a township map of Nebraska showing the United 
States land survey locate the base line and the 6th prin¬ 
cipal meridian. 

5. What use is made of each in locating congressional 
townships? * 

6. Indicate by light lines on your map the boundaries 
of congressional townships wherever these boundaries 
differ from precinct boundaries. 

7. On two of the margins of your map in the proper 
places put the numbers indicating how many rows of 
townships north of the base line and how many ranges 
east or west of the 6th principal meridian each township 
in your county is. 

8. What is the difference between a precinct and a 
congressional township? 

9. What officers does each precinct have? 

10. Bound your county. 

11. How many precincts does it contain? 

12. How many congressional townships? 

13. How many square miles? 

14. What is the number of the section on which you 
live? 

15. Bound it. 

16. What is the number of the section on which your 
school house is? 

17. What sections meet at the section corner nearest 
your school house? 

18. Give the number and the range of the township 
in which you live. 

19. How many townships between the south side of the 
one you live in and the base line from which the survey 
of the state was made? 


16 


GOVERNMENT OF NEBRASKA 


20. On which side of the 6th principal meridian do you 
live? 

21. If east of it how many townships between the west 
line of your township and the meridian mentioned? 

22. How far is it then from the west line of your town¬ 
ship to this meridian? 

23. If you live west of this meridian how many town¬ 
ships between the east line of your township and the 6th 
principal meridian? 

24. How far then from the east line of your township 
to this meridian? 

25. From some paper in your county clip the record 
of recent sales of farms. Note the description of each 
piece of real estate and locate it on your county map. 

Note—Pupils should learn the name and the location 
of every precinct in the county. Thorough drill should 
be given in bounding precincts. A number of problems 
similar to the following should be given. They should 
all apply to real estate in the county in which the pupils 
live. Sufficient training should be given to enable them 
to locate the desired places and bound sections without 
referring to their maps. 

26. Bound each of the following sections: 26, 18, 31, 

6 , 12 , 22 , 20 , 11 . 

27. Starting from the section corner nearest the school 
building, go five miles west and four south. You are then 
at the northeast corner of what section? Give the num¬ 
ber of the township and the range in which this section 
is located. 

28. Starting again from the same corner, go three miles 
east and four miles north. You are then at the south¬ 
east corner of what section? 

29. Starting again from the same corner, go five miles 
. south. You are then at the corners of what sections? 

30. How far west from this same corner would you go 
in order to reach the west line of your county? 

31. Note the Standard Parallels or correction lines and 
the Guide Meridians on your map of Nebraska. How far 
apart are the lines in each series? 

32. Explain their use. 


GOVERNMENT OF NEBRASKA 


17 


33. In what way does the curvature of the Earth affect 
the guide meridians? 

Note—A number of problems similar to the following 
should be given: 

34. A piece of land is located in town 20 north, range 
30 west. Locate it on the map. 

35. A farm is located in town 6 north, range 12 east. 
Locate it. 

36. Make a list of the county offices and give the name 
of the person now holding each office in your county. 
Give also the length of the term in each case, the com¬ 
pensation and the duties. 

37. Explain how candidates for county offices are nomi¬ 
nated. 

38. Why may a person not hold the office of county 
treasurer longer than four years in succession? 

39. The task of assessing the property in a county is 
too great for the county assessor. Explain how he has 
this work done. Who was the deputy assessor for your 
precinct last spring? 

40. What county officers have oversight of the public 
roads? 

41. What is meant by the term “poll tax”? 

42. Who are required to pay this tax? 

43. How much is it each year? 

44. What public officials give immediate supervision 
to the work that is done on the public roads? 

45. In one of the precincts of your county show the 
boundaries of the road districts. 

46. In one or two other precincts show the boundaries 
of school districts. 

47. Who makes the tax levy for your county? 

48. What was the assessed valuation of your county a 
year ago last spring? 

49. What then was the estimated actual valuation? 

50. What was the consolidated county tax levied a 
year ago last summer? 

51. What amount of revenue did this levy produce? 


18 


GOVERNMENT OF NEBRASKA 


52. Into what funds was it divided? 

53. State the number of mills levied for each fund and 
the amount of money that this levy brought into each 
fund. 

54. State as fully as you can just how the money in 
each of these funds was spent. 

55. Does your county have a bonded debt? 

56. If so, when and for what purpose or purposes was 
it incurred and what was the original amount of it? 

57. What is the amount of this debt now? 

58. What rate of interest does it bear? 

59. What amount of money will it take to pay the in¬ 
terest for this year? 

60. Are payments being made on the principal now? 

61. If so, how much was paid last year? 

62. What was the assessed valuation of your county 
last spring? 

63. Is that more or less than it was the year before? 
If either, how much? 

64. What was the total number of mills levied for 
county purposes last summer? 

65. How much revenue will this levy produce? 

66. State the number of mills levied for each fund and 
the amount of money this will bring into each fund. 

67. Compare the amount of money that the levy will 
bring into each fund this year with the amount that was 
brought into the same fund last year. 

68. If in any case there is a marked increase or de¬ 
crease give the reason for it. 

Note—A number of problems similar to the following 
should be given to the class: 

A man owns a farm of 160 acres. The assessed valu¬ 
ation of his personal property is $500. What will be the 
amount of his county tax on his farm and his personal 
property? 

A merchant owns a store building whose actual value 
is $8,000. The actual value of his stock of goods is 
$6,000. What is the amount of his county tax? 


GOVERNMENT OF NEBRASKA 


19 


TAXATION FOR STATE PURPOSES 

1. What is the total number of mills levied for state 
purposes this year? 

2. This levy will produce how much revenue in your 
county? 

3. Name the funds into which the money raised by this 
levy goes and state the number of mills levied for each. 

4. How much money will this levy bring into each of 
these funds from your county? 

5. Tell how the money raised for each of these funds 
is expended by the state. 

Note—Several problems similar to the following should 
be given: 

6. A farmer owns 120 acres of land,the assessed valua¬ 
tion of his personal property is $400, what will be the 
amount of his state tax this year? 

7. The assessed valuation of a stock of goods is $2,000, 
what will be the amount of the state tax the owner will 
pay this year? 

MISCELLANEOUS QUESTIONS 

An owner of property in a village or a city pays taxes 
for what four distinct purposes? 

An owner of property outside of an incorporated vil¬ 
lage or city pays taxes for what three distinct purposes? 

What is the total number of mills included this year 
in the four levies mentioned above in the village or the 
city in which you live? 

The assessed valuation of a man *s property in the 
place in which you live is $600, what is the total amount 
of his tax this year? 

How much of this goes for each of the four purposes 
mentioned above? 

What is the population of the place in which you live? 

What is the total amount of the taxes levied this year 
in the city or village in which you live? 

How much is that for each person living there? 


20 


GOVERNMENT OF NEBRASKA 


Select a rural school district in which the school levy is 
about what it is in the average rural district in your 
county. We will suppose that the assessed valuation of 
a man’s property in this district is $600, what is the total 
amount of his tax this year? 

What amount of this goes to each of the three purposes 
mentioned above? 

What is the difference between the total amount of 
tax paid this year in the city or the village in which you 
live on an assessed valuation of $600, and the amount 
that would be paid on the farm property of equal value 
mentioned above? 

Give two or more general reasons for the levying of 
taxes? 

Write a paragraph telling why every citizen should 
take an active interest in local public affairs. 

Name three qualifications that a local public officer 
should have in order to do the work of his office in the 
best manner. 


THE STATE. 


CONSTITUTION OF NEBRASKA 

Preamble. We, the people, grateful to Almighty 
God for our freedom, do ordain and establish the 
following declaration of rights and frame of gov¬ 
ernment, as the constitution of the state of Ne¬ 
braska : 

ARTICLE I.—BILL OF RIGHTS 

Section 1. Equal rights—All persons are by 
nature free and independent, and have certain 
inherent and inalienable rights; among these are 
life, liberty and the pursuit of happiness. To 
secure these rights, and the protection of prop¬ 
erty, governments are instituted among people, 
deriving their just powers from the consent uC 
the governed. 

Sec. 2. Slavery prohibited—There shall be 
neither slavery nor involuntary servitude in this 
state, otherwise than for punishment of crime, 
whereof the party shall have been duly con¬ 
victed. 

Sec. 3. Due process of law—No person shall be 
deprived of life, liberty, or property, without due 
process of law. 

Sec. 4. Religious freedom—All persons have a 
natural and indefeasible right to worship Al¬ 
mighty God according to the dictates of their own 
consciences. No person shall be compelled to at¬ 
tend, erect or support any place of worship 


21 


22 


GOVERNMENT OF NEBRASKA 


against his consent, and no preference shall be 
given by law to any religious society, nor shall 
any interference with the rights of conscience be 
permitted. No religious test shall be required as 
a qualification for office, nor shall any person be 
incompetent to be a witness on account of his re¬ 
ligious belief; but nothing herein shall be con¬ 
strued to dispense with oaths and affirmations. 
Religion, morality, and knowledge, however, be¬ 
ing essential to good government, it shall be the 
duty of the legislature to pass suitable laws to 
protect every religious denomination in the peace¬ 
able enjoyment of its own mode of public wor¬ 
ship, and to encourage schools and the means of 
instruction. 

Sec. 5. Freedom of speech and press —Every 
person may freely speak, write and publish on all 
subjects, being responsible for the abuse of that 
liberty; and in all trials for libel, both civil and 
criminal, the truth when published with good mo¬ 
tives, and for justifiable ends, shall be a sufficient 
defense. 

Sec. 6. Trial by jury —The right of trial by jury 
shall remain inviolate, but the legislature may 
authorize trial by a jury of a less number than 
twelve men in courts inferior to the district court. 

Sec. 7. Search and seizure —The right of the 
people to be secure in their persons, houses, pa¬ 
pers, and effects against unreasonable searches 
and seizures shall not be violated; and no war¬ 
rant shall issue but upon probable cause, sup¬ 
ported by oath or affirmation, and particularly 
describing the place to be searched, and the per¬ 
son or thing to be seized. 


GOVERNMENT OF NEBRASKA 


23 


Sec. 8. Habeas corpus—The privilege of the writ 
of habeas corpus shall not be suspended, unless, 
in case of rebellion or invasion, the public safety 
requires it, and then only in such manner as shall 
be prescribed by law. 

Sec. 9. Bail—Fines; imprisonment—All persons 
shall be bailable by sufficient sureties, except for 
treason and murder, where the proof is evident 
or the presumption great. Excessive bail shall 
not be required nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

Sec. 10. Indictment; information—No person 
shall be held to answer for a criminal offense, ex¬ 
cept in cases in which the punishment is by fine, 
or imprisonment otherwise than in the peniten¬ 
tiary, in case of impeachment, and in cases arising 
in the army and navy, or in the militia when in 
actual service in time of war or public danger, 
unless on a presentment or indictment of a grand 
jury; provided, that the legislature may by law 
provide for holding persons to answer for crim¬ 
inal offenses on information of a public prosecu¬ 
tor; and may by law, abolish, limit, change, amend 
or otherwise regulate the grand jury system. 

Sec. 11. Rights of accused—In all criminal 
prosecutions the accused shall have the right to 
appear and defend in person or by counsel, to 
demand the nature and cause of accusation, and 
to have a copy thereof; to meet the witnesses 
against him face to face; to have process to com¬ 
pel the attendance of witnesses in his behalf; and 
a speedy public trial by an impartial jury of the 
county or district in which the offense is alleged 
to have been committed. 


24 


GOVERNMENT OF NEBRASKA 


Sec. 12. Evidence against self; twice in jeop¬ 
ardy—No person shall be compelled, in any crim¬ 
inal case, to give evidence against himself, or be 
twice put in jeopardy for the same offense. 

Sec. 13. Justice administered without delay— 

All courts shall be open, and every person, for any 
injury done him in his lands, goods, person, or 
reputation, shall have a remedy by due course of 
law, and justice administered without denial or 
delay. 

Sec. 14. Treason—Treason against the state 
shall consist only in levying war against the state, 
or in adhering to its enemies, giving them aid 
and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open 
court. 

Sec. 15. Penalties—All penalties shall be pro¬ 
portioned to the nature of the offense, and no 
conviction shall work corruption of blood or for¬ 
feiture of estate; nor shall any person be trans¬ 
ported out of the state for any offense committed 
within the state. 

Sec, 16. Bill of attainder; retroactive laws; spe¬ 
cial privileges—No bill of attainder, ex post facto 
law or law impairing the obligation of contracts, 
or making any irrevocable grant of special priv¬ 
ileges or immunities shall be passed. 

Sec. 17. Military power—The military shall be 
in strict subordination to the civil power. 

Sec. 18. Soldiers’ quarters—No soldier shall in 
time of peace be quartered in any house without 
the consent of the owner; nor in time of war ex- 


GOVERNMENT OF NEBRASKA 


25 


cept in the manner prescribed by law. 

Sec. 19. Right of petition—The right of the peo¬ 
ple peacably to assemble to consult for the com¬ 
mon good, and to petition the government, or any 
department thereof, shall never be abridged. 

Sec. 20. Imprisonment for debt—No person 
shall be imprisoned for debt in any civil action 
on mesne or final process, unless in cases of fraud. 

Sec. 21. Private property—The property of no 
person shall be taken or damaged for public use 
without just compensation therefor. 

Sec. 22. Free elections—All elections shall be 
free; and there shall be no hindrance or impedi¬ 
ment to the right of a qualified voter to exercise 
the elective franchise. 

Sec. 23. Writ of error—The writ of error shall 
be a writ of right in all cases of felony; and in 
capital cases shall operate as a supersedeas to 
stay the execution of the sentence of death, until 
the further order of the supreme court in the 
premises. 

Sec. 24. Appeals in civil cases—The right to be 
heard in all civil cases in the court of last resort, 
by appeal, error, or otherwise, shall not be denied. 

Sec. 25. Aliens—No distinction shall ever be 
made by law between resident aliens and citizens 
in reference to the possession, enjoyment or de¬ 
scent of property. 

Sec. 26. Powers retained by people—This enu¬ 
meration of rights shall not be construed to im¬ 
pair or deny others, retained by the people, and 


26 


GOVERNMENT OF NEBRASKA 


all powers not herein delegated, remain with the 
people. 

QUESTIONS ON ARTICLE I* 

Give the preamble from memory. 

2. Explain what is meant by involuntary servitude... 

3. Tell what due process of law means. 

4. Explain what is meant by each of the following 
expressions: natural and indefeasible right, dictates of 
their own consciences, religious society, religious test. 
Explain the meaning of oath and affirmation in the sense 
in which each word is used here. 

5. What is libel? 

6. Define inviolate.. What courts have we that are 
inferior to the district court? 

7. What is a warrant? The purpose of the bill of 
rights is to protect the individual rights of citizens. It 
is probable that every provision of the bill of rights owes 
its existence to some violation of the rights of man¬ 
kind with which the colonists or their English ancestors 
were familiar. What incident in American history does 
this section suggest to you? 

8. Tell what is meant by the writ of habeas corpus. 

9. Define each of the following words: bail, sureties, 
treason, and presumption. 

10. Define impeachment, militia, presentment, indict¬ 
ment, and information. Be careful to give the definition 
of each term as the term is used in the law. What is 
a grand jury? What county official is a public prosecu¬ 
tor? Is a grand jury often called in this state? What 
is the usual method of holding a person to answer for 
a criminal offense? 

11. What does the expression to have process mean? 
Why should an accused person be tried by a jury of the 
county or district in which the offense is alleged to have 
been committed? 


*The numbers of these questions refer to the correspond¬ 
ing numbers of sections. 



GOVERNMENT OF NEBRASKA 


27 


12. Explain the meaning of jeopardy. 

14. What is an overt act? 

15. Explain the meaning of corruption of blood and 
forfeiture of estate. 

16. Explain the meaning of each of the following ex¬ 
pressions and give a real, or imaginary, illustration of 
each: bill of attainder, ex post facto law, law impairing 
the obligation of contracts, making any irrevocoble grant 
of special privileges or immunities. 

17. Why should the military be in strict subordination 
to the civil power? 

18. What interesting incident in American history is 
suggested to you by Section 18? 

20. What is meant by mesne or final process? 

23. Explain the meaning of each of the following 
terms: writ of error, writ of right, felony, capital cases, 
supersedeas. 

25. What is a resident alien? 

ARTICLE II.—DISTRIBUTION OF POWERS 

Section 1. Division of powers—The powers of 
the government of this state are divided into three 
distinct departments, the legislative, executive 
and judicial, and no person or collection of per¬ 
sons being one of these departments shall exercise 
any power properly belonging to either of the 
others, except as hereinafter expressly directed or 
permitted. 

QUESTIONS ON ARTICLE II 

1. Note how carefully the work of each department is 
kept distinct from that of the other two. Why? 


ARTICLE III.—LEGISLATIVE 

Section 1. Legislative authority—The legislative 


28 


GOVERNMENT OF NEBRASKA 


authority is vested in a senate and house of rep¬ 
resentatives/ 

Sec. 2. Census; legislative apportionment—The 

legislature shall provide by law for an enumera¬ 
tion of the inhabitants of the state in the year 
eighteen hundred and eighty-five and every ten 
years thereafter, and at its first regular session 
after each enumeration, and also after each enu¬ 
meration made by the authority of the United 
gtates, but at no other time, the legislature shall 
apportion the senators and representatives accord¬ 
ing to the number of inhabitants, excluding In¬ 
dians not taxed, and soldiers and officers of the 
United States army and navy. 

Sec. 3. Number of members; sessions—The 
house of representatives shall consist of eighty- 
four members and the senate shall consist of thirty 
members, until the year eighteen hundred and 
eighty, after which time the number of members 
of each house shall be regulated by law; but the 
number of representatives shall never exceed one 
hundred, nor that of senators, thirty-three. The 
sessions of the legislature shall be biennial, ex¬ 
cept as otherwise provided in this constitution. 

Sec. 4. Terms of office; compensation; length of 
session—The term of office of members of the leg¬ 
islature shall be two years and they shall each re¬ 
ceive pay at the rate of five dollars per day dur¬ 
ing their sitting, and ten cents for every mile they 
shall travel in going to and returning from the 
place of meeting of the legislature on the most 
usual route; provided, however, that they shall 
not receive pay for more than sixty days at any 
one sitting, nor more than one hundred days dur- 


GOVERNMENT OF NEBRASKA 


29 


ing their term. That neither members of the leg¬ 
islature nor employees shall receive any pay or 
perquisites other than their salary and mileage. 
Each session, except special sessions, shall be not 
less than sixty days. After the expiration of 
forty days of the session no bills or joint resolu¬ 
tions in the nature of bills shall be introduced 
unless ihe governor shall by special message call 
the attention of the legislature to the necessity 
of passing a law on the subject matter embraced 
in the message, and the introduction or’ bills shall 
bo restricted thereto. 

Sec. 5. Who not eligible—No person shall be 
eligible to the office of senator, or member of the 
house of representatives, who shall not be an 
elector and have resided within the district from 
which he is elected for the term of one year next 
before his election, unless he shall have been ab¬ 
sent on the public business of the Uniled States, 
or of this state. And no person elected as afore¬ 
said shall hold his office after he shall have re¬ 
moved from such district. 

Sec. 6. Same—No person holding office under 
the authority of the United States, or any lucra¬ 
tive office under the authority of this state, shall 
be eligible to, or have a seat in the legislature, but 
this provision shall not extend to precinct or 
township officers, justices of the peace, notaries 
public, or officers of the militia, nor shall any per¬ 
son interested in a contract with, or an unad¬ 
justed claim against the state hold a seat in the 
legislature. 

Sec. 7. Sessions; commencement; quorum; 
rules; punishments—The session of the legislature 


30 


GOVERNMENT OF NEBRASKA 


shall commence at 12 o’clock (noon) on the first 
Tuesday in January in the year next ensuing the 
election of members thereof, and at no other time, 
unless as provided by this constitution. A ma¬ 
jority of the members elected to each house shall 
constitute a quorum; each house shall determine 
the rules of its proceedings and be the judge of 
the election returns, and qualifications of its 
members, shall choose its own officers, and the 
senate shall choose a temporary president, to pre¬ 
side when the lieutenant governor shall not attend 
•s president, or shall act as governor. The secre¬ 
tary of state shall call the house of representatives 
to order at the opening of each new legislature, 
and preside over it until a temporary presiding 
officer thereof shall have been chosen, and shall 
have taken his seat. No member shall be expelled 
by either house, except by a vote of two-thirds 
of all the members elected to that house, and no 
member shall be twice expelled for the same of¬ 
fense. Each house may punish by imprisonment 
any person not a member thereof who shall be 
guilty of disrespect to the house by disorderly or 
contemptuous behavior in its presence, but no 
such imprisonment shall extend beyond twenty- 
four hours at one time, unless the person shall 
persist in such disorderly or contemptuous be¬ 
havior. 

Sec. 8. Journals; votes; doors open; adjourn¬ 
ment—Each house shall keep a journal of its pro¬ 
ceedings and publish them (except such parts as 
may require secrecy) and the yeas and nays of 
the members on any question, shall at the desire 
of any two of them be entered on the journal. All 


GOVERNMENT OF NEBRASKA 


31 


votes in either house shall be viva voce. The 
doors of each house, and of committee of the 
whole, shall be open, unless when the business 
shall be such as ought to be kept secret. Neither 
house shall, without the consent of the other, ad¬ 
journ for more than three days. 

Sec. 9. Bills—Any bill may originate in either 
house of the legislature, except bills appropriat¬ 
ing money, which shall originate only in the 
house of representatives, and all bills passed by 
one house may be amended by the other. 

Sec. 10. Enacting clause; final passage—The en¬ 
acting clause of a law shall be, “Be it enacted by 
the Legislature of the State of Nebraska” and 
no law shall be enacted except by bill. No bill 
shall be passed unless by assent of a majority of 
all the members elected to each house of the leg¬ 
islature, and the question upon final passage shall 
be taken immediately upon its last reading and 
the yeas and nays shall be entered upon the jour¬ 
nal. 

Sec. 11. Reading; printing; subject; title; 
amendment; signing—Every bill and concurrent 
resolution shall be read at large on three different 
days in each house, and the bill and all amend¬ 
ments thereto shall be printed before the vote is 
taken upon its final passage. No bill shall contain 
more than one subject, and the same shall be 
clearly expressed in its title. And no law shall 
be amended unless the new act contains the sec¬ 
tion or sections so amended and the section or 
sections so amended shall be repealed. The pre¬ 
siding officer of each house shall sign in the pres¬ 
ence of the house over which he presides, while 


32 


GOVERNMENT OF NEBRASKA 


the same is in session and capable of transacting 
business, all bills and concurrent resolutions 
passed by the legislature. 

Sec. 12. Privilege from arrest—Members of the 
legislature in all cases except treason, felony 
or breach of the peace, shall be privileged from 
arrest during the session of the legislature, and 
for fifteen days next before the commencement 
and after the termination thereof. 

Sec. 13. Disabilities of members—No person 
elected to the legislature shall receive any civil 
appointment within this state from the governor 
and senate during the term for which he has been 
elected. And all such appointments and all votes 
given for any such' member for any such office or 
appointment shall be void. Nor shall any mem¬ 
ber of the legislature, or any state officer be in¬ 
terested either directly or indirectly, in any con¬ 
tract with the state, county, or city, authorized 
by any law passed during the term for which he 
shall have been elected, or within one year after 
the expiration thereof. 

Sec. 14. Impeachments—The senate, and house 
of representatives in joint convention shall have 
the sole power of impeachment, but a majority or 
the members elected must concur therein. Upon 
ire entertainment of a resolution to impeach by 
either house, the other house shall at once be no¬ 
tified thereof and the two houses shall meet in 
joint convention for the purpose of acting upon 
such resolution within three days of such notifi¬ 
cation. A notice of an impeachment of any offi¬ 
cer, other than a justice of the supreme court, 
shall be forthwith served upon the chief justice, 


GOVERNMENT OF NEBRASKA 


33 


by the secretary of the senate, who shall there¬ 
upon call a session of the supreme court to meet 
at the capital within ten days after such notice 
to try the impeachment. A notice of an impeach¬ 
ment of a justice of the supreme court shall be 
served by the secretary of the senate, upon the 
judge of the judicial district, within which the 
capital is located, and he thereupon shall notify 
all the judges of the district court in the state to 
meet with him within thirty days at the capital, 
to sit as a court to try such impeachment, which 
court shall organize by electing one of its number 
to preside. No person shall be convicted without 
the concurrence of two-thirds of the members of 
the court of impeachment, but judgment in cases 
of impeachment shall not extend lurther than re¬ 
moval from office and disqualification to hold and 
enjoy any office of honor, profit, or trust, in this 
state, but the party impeached, whether con¬ 
victed or acquitted, shall nevertheless be liable to 
prosecution and punishment according to law. No 
officer shall exercise his official duties after he 
shall have been impeached and notified thereof, 
until he shall have been acquitted. 

Sec. 15. Prohibited special legislation—The leg¬ 
islature shall not pass local or special laws in any 
of the following cases, that is to say: 

For granting divorces. Changing the names of 
persons or places. Laying out, opening, altering, 
and working roads or highways. Vacating roads, 
town plats, streets, alleys, and public grounds. 
Locating or changing county seats. Regulating 
county and township offices. Regulating the prac¬ 
tice of courts of justice. Regulating the juris- 


34 


GOVERNMENT OF NEBRASKA 


diction and duties of justices of the peace, police 
magistrates, and constables. Providing for 
changes of venue in civil and criminal cases. In¬ 
corporating cities, towns, and villages, or chang¬ 
ing or amending the charter of any town, city, or 
village. Providing for the election of officers in 
townships, incorporated towns, or cities. Sum¬ 
moning or empaneling grand or petit juries. Pro¬ 
viding for the bonding of cities, towns, precincts, 
school districts, or other municipalities. Provid¬ 
ing for the management of public schools. Regu¬ 
lating the interest on money. The opening and 
conducting of any election, or designating the 
place of voting. The sale or mortgage of real 
estate belonging to minors or others under disa¬ 
bility. The protection of game or fish. Charter¬ 
ing or licensing ferries or toll bridges. Remitting 
fines, penalties, or forfeitures. Creating, increas¬ 
ing, and decreasing fees, percentage or allowances 
of public officers during the term for which said 
officers are elected or appointed. Changing the 
law of descent. Granting to any corporation, as¬ 
sociation, or individual the right to lay down rail¬ 
road tracks, or amending existing charters for 
such purpose. Granting to any corporation, as¬ 
sociation, or individual any special or exclusive 
privileges, immunity, or franchisee whatever. In 
all other cases where a general law can be made 
applicable, no special law shall be enacted. 

Sec. 16. Extra compensations—The legislature 
shall never grant any extra compensation to any 
public officer, agent, servant, or contractor after 
the services shall have been rendered or the con¬ 
tract entered into. Nor shall the compensation 


GOVERNMENT OF NEBRASKA 


35 


of any public officer be increased or diminished 
during his term of office. 

Sec. 17. Salt springs—The legislature shall 
never alienate the salt springs belonging to this 
state. 

Sec. 18. Donations of land—Lands under con¬ 
trol of the state shall never be donated to railroad 
companies, private corporations, or individuals. 

Sec. 19. Appropriations—Each legislature shall 
make appropriations for the expenses of the gov¬ 
ernment until the expiration of the first fiscal 
quarter after the adjournment of the next regular 
session, and all appropriations shall end with such 
fiscal quarter. And whenever it is deemed neces¬ 
sary to make further appropriations for deficien¬ 
cies the same shall require a two-tliirds vote of all 
the members elected to each house, and shall not 
exceed the amount of revenue authorized by law 
to be raised in such time. Bills making appro¬ 
priations for the pay of members and officers of 
the legislature, and for the salaries of the officers 
of the government, shall contain no provision on 
any other subject. 

Sec. 20. Vacancies in office—All offices created 
by this constitution shall become vacant by the 
death of the incumbent, by removal from the 
state, resignation, conviction of a felony, impeach¬ 
ment, or becoming of unsound mind. And the 
legislature shall provide by general law for the 
filling of such vacancy, when no provision is made 
for that purpose in this constitution. 

Sec. 21. Lotteries prohibited—The legislature 
shall not authorize any games of chance, lottery, 


36 


GOVEENMENT OF NEBEASKA 


or gift enterprise, under any pretense or for any 
purpose whatever. 

Sec. 22. Money, how drawn; statement legis¬ 
lative expenses—No allowance shall be made for 
the incidental expenses of any state officer, except 
the same be made by general appropriation and 
upon an account specifying each item. No money 
shall be drawn from the treasury, except in pur¬ 
suance of a specific approprialion made by law, 
and on the presentation of a warrant issued by 
the auditor thereon, and no money shall be di¬ 
verted from any appropriation made for any pur¬ 
pose or taken from any fund whatever; either by 
joint or separate resolution. The auditor shall, 
within sixty days after the adjournment of each 
session of the legislature, prepare and publish a 
full statement of all moneys expended at such 
session, specifying the amount of each item, and 
to whom and for what paid. 

Sec. 23. Member not liable for debate—No mem¬ 
ber of the legislature shall be liable in any civil 
or criminal action whatever for words spoken in 
debate. 

Sec. 24. Acts shall take effect, when; publica¬ 
tion—No act shall take effect until three calendar- 
months after the adjournment of the session at 
which it passed, unless in case of emergency, to 
be expressed in the preamble or body of the act, 
the legislature shall, by a vote of two thirds of all 
the members elected to each house ; otherwise 
direct. All laws shall be published in book form 
within sixty days after the adjournment of each 
session and distributed among the several counties 
in such manner as the legislature may provide. 


GOVERNMENT OF NEBRASKA 


37 


QUESTIONS ON ARTICLE III 

2. When was the last United States census taken! 
How often is a census taken by the United States? 
When was the last census taken by the state? 

3. Of how many members does the house of repre¬ 
sentatives now consist? the senate? Who is the senator 
from your district? the representative? 

4. Where does your representative live? If he re¬ 
ceives ten cents for every mile traveled in going to and 
returning from the place of meeting of the legislature 
on the most usual route, how much mileage would he 
receive for one session? What are perquisites? What 
is a bill? a joint resolution? 

5. Why should a person, in order to be eligible to the 
office of senator or member of the house of representa¬ 
tives, reside w'ithin the district from which he is elected 
for a period of one year next before his election unless 
he shall have been absent on the public business of the 
United States or of this state? 

6. What is meant by the expression any lucrative 
office? Why should a person holding office under the 
authority of the United States or any lucrative office 
under the authority of this state be ineligible to or be 
prevented from having a seat in the legislature? Why 
should a person interested in a contract with or an un¬ 
adjusted claim against the state be prohibited from hold¬ 
ing a seat in the legislature? 

7. Is the legislature now in session? If not, when 
was the last session held? When was the last general 
election of members of the legislature? When will the 
next one be held? What is a quorum? What is the 
title of the presiding officer of the house of representa¬ 
tives? Who is now filling that position, or if the legis¬ 
lature is not now in session, who filled it at its last 
session ? 

8. Explain the meaning of the term viva voce. 

9. Why should bills appropriating money originate 
only in the house of representatives? 

10. If every member of the house were present how 
many members should vote for a bill in order for it to 


38 


GOVERNMENT OF NEBRASKA 


pass? If every member of the senate were present how 
many votes should a bill receive in order to pass? 

11. What is a concurrent resolution? For a bill or a 
concurrent resolution to be read at large means that 
there shall be nothing secret about the reading of it. 
Every one interested in the proceedings of the legisla¬ 
ture has a right to know what bills and concurrent reso¬ 
lutions are introduced. Usually the first and the sec¬ 
ond reading of a bill or a concurrent resolution consist, 
in each case, in reading the title only. The third read¬ 
ing in every case consists in reading the full text of the 
measure. What is an amendment? Why should every 
bill and concurrent resolution be read at large on three 
different days in each house? Why should a bill and 
all amendments thereto be printed before the vote is 
taken on its final passage. Give a reason for the follow¬ 
ing requirement: No bill shall contain more than one 
subject and the same shall be clearly expressed in its 
title. 

12. What is felony? Explain the necessity for this 
section. 

13. Why is this section necessary? 

14. Define the term impeachment. 

15. Explain fully what is meant by local or special 
laws. Why should they not be passed in any of the 
cases given? Tell what is meant by changes of venue. 
Explain the word incorporated as applied to towns. What 
is a petit jury? What is meant by the bonding of cities, 
towns, etc? Does the school district in which you live 
have any bonded indebtedness? If so, how much is it 
and what rate of interest is paid? What, if any, is 
the bonded debt of the town in which you live and what 
rate of interest is paid on it? For what purpose or 
purposes was this debt incurred? Does your county have 
a bonded debt? For what was it incurred? What is the 
amount of it and what rate of interest is paid? 

What is meant by the law of descent? What do im¬ 
munity and franchise mean? 

16. What reason can you give for the existence of 
this section? 

17. What does alienate mean? 


GOVERNMENT OF NEBRASKA 


39 


18. Explain the necessity for this section. 

19. What does the word fiscal mean? .The fiscal year 
of the state begins December first. The first fiscal quar¬ 
ter after the adjournment of a regular session of the 
legislature is usually the quarter beginning June first. 
What is two-thirds of the total number of members 
elected to the house of representatives? to the senate? 
Give the reason for the prohibition contained in the last 
sentence of the section. 

22. Explain the meaning of the word warrant as used 
in this section. 

23. Why is this section accessary? 

24. What is the preamble of an act? 

ARTICLE IV—LEGISLATIVE APPORTION¬ 
MENT 

Until otherwise provided by law, senatorial and 
representative districts shall be formed, ar.d sena¬ 
tors and representatives apportioned as follows: 

QUESTIONS ON ARTICLE IV 

The legislative apportionment as given in the con¬ 
stitution has in many cases been greatly changed. What 
county or counties are now comprised in your senatorial 
district? To how many senators is it entitled? 

What county or counties are at this time comprised 
in your representative district? To how many represen¬ 
tatives is it entitled? 

ARTICLE V —EXECUTIVE DEPARTMENT 

Section 1. Officers; terms; residence—The ex¬ 
ecutive department shall consist of a Governor, 
Lieutenant Governor, Secretary of State, Auditor 
of Public Accounts, Treasurer, Superintendent of 
Public Instruction, Attorney-General, and Com- 


40 


GOVERNMENT OF NEBRASKA 


missioner of Public Lands and Buildings, whc 
shall each hold his office for the term of two years 
from the first Thursday and the first Tuesday in 
January next after his election, and until his suc¬ 
cessor is elected and qualified; Provided, however, 
that the first election of said officers shall be held 
on the Tuesday succeeding the first Monday in 
November, 1876, and each succeeding election 
shall be held at the same relative time in each even 
year thereafter. The Governor, Secretary of 
State, Auditor of Public Accounts, and Treasurer 
shall reside at the seat of government during 
their terms of office, and keep the public records, 
books and papers there, and shall perform such 
duties as may be required by law. 

Sec. 2. Persons ineligible—No person shall be 
eligible to the office of governor or lieutenant gov¬ 
ernor who shall not have attained the age of 
thirty years, and been for two years next preced¬ 
ing his election a citizen of the United States and 
of this state. None of the officers of the executive 
department shall be eligible to any other state 
office during the period for which they shall have 
been elected. 

Sec. 3. Treasurer ineligible—The treasurer shall 
be ineligible to the office of treasurer, for two 
years next after the expiration of two consecutive 
terms for which he was elected. 

Sec. 4. Elections; returns; canvass; contests— 
The returns of every election for the officers of the 
executive department shall be sealed up and 
transmitted by the returning officers to the Secre¬ 
tary of State, directed to the speaker of the house 
of representatives, who shall immediately after 


GOVERNMENT OF NEBRASKA 


41 


the organization of the house, and before proceed¬ 
ing to other business, open and publish the same 
in the presence of a majority of each house of 
the legislature, who shall, for that purpose as¬ 
semble in the hall of the house of representatives. 
The person having the highest number of votes 
for either of said offices shall be declared duly 
elected; but if two or more have an equal and 
the highest number of votes, the legislature shall, 
by joint vote, choose one of such persons for 
said office. Contested elections for all of said 
offices shall be determined by both houses of the 
legislature, by joint vote, in such manner as may 
be prescribed by law. 

Sec. 5. Impeachment—All civil officers of this 
state shall be liable to impeachment for any mis¬ 
demeanor in office. 

Sec. 6. Executive power—The supreme execu¬ 
tive power shall be vested in the governor, who 
shall take care that the laws be faithfully exe¬ 
cuted. 

Sec. 7. Message of Governor—The governor 
shall, at the commencement of each session, and 
at the close of his term of office, and whenever the 
legislature may require, give to the legislature 
information by message of the condition of the 
state, and shall recommend such measures as he 
shall deem expedient. He shall account to the 
legislature, and accompany his message with a 
statement of all moneys received and paid out by 
him, from any funds subject to his order, with 
vouchers, and, at the commencement of each reg¬ 
ular session, present estimates of the amount of 


42 


GOVERNMENT OF NEBRASKA 


money required to be raised by taxation for all 
purposes. 

Sec. 8. Convening legislature—The governor 

may, on extraordinary occasions, convene the leg¬ 
islature by proclamation, stating therein the pur¬ 
pose for which they are convened, and the legis¬ 
lature shall enter upon no business except that 
for which they were called together. 

Sec. 9. Proroguing legislature—In case of a 
disagreement between the two houses with respect 
to the time of adjournment, the governor may on 
the same being certified to him by the house first 
moving the adjournment adjourn the legislature 
to such time as he thinks proper not beyond the 
first day of the next regular session. 

Sec. 10. Appointments by governor—The gov¬ 
ernor shall nominate and by and with the advice 
and consent of the senate, (expressed by a ma¬ 
jority of all the senators elected voting by yeas 
and nays), appoint all officers whose offices are 
established by this constitution, or which may be 
created by law, and whose appointment, or elec¬ 
tion is not otherwise by law or herein provided 
for; and no such officer shall be appointed or 
elected by the legislature. 

Sec. 11. Vacancies in office; how filled—In case 
of a vacancy during the recess of the senate, in 
any office which is not elective, the governor shall 
make a temporary appointment until the next 
meeting of the senate, when he shall nominate 
some person to fill such office; and any person so 
nominated, who is confirmed by the senate (a 
majority of all the senators elected concurring by 
voting yeas and nays), shall hold his office during 


GOVERNMENT OF NEBRASKA 


43 


the remainder of the term, and until his successor 
shall be appointed and qualified. No person after 
being rejected by the senate, shall be again nomi¬ 
nated for the same office at the same session, un¬ 
less at request of the senate, or be appointed to 
the same office during the recess of the legislature. 

Sec. 12. Removal of officers—The governor 
shall have power to remove any officer, whom he 
may appoint, in case of incompetency, neglect of 
duty, or malfeasance in office, and he may declare 
his office vacant, and fill the same as herein pro¬ 
vided in other cases of vacancy. 

Sec. 13. Pardoning power—The governor shall 
have the power to grant reprieves, commutations 
and pardons, after conviction, for all offenses ex¬ 
cept treason, and cases of impeachment, upon 
such conditions and with such restrictions and 
limitations as he may think proper, subject to 
such regulations as may be provided by law, rela¬ 
tive to the manner of applying for pardons. Upon 
conviction for treason, he shall have power to 
suspend the execution of the sentence until the 
case shall be reported to the legislature at its next 
session, when the legislature shall either pardon 
or commute the sentence, direct the execution of 
the sentence, or grant a further reprieve. He 
shall communicate to the legislature, at every reg¬ 
ular session, each case of reprieve, commutation 
or pardon granted, stating the name of the con¬ 
vict, the crime of which he was convicted, the 
sentence and its date, and the date of the re¬ 
prieve, commutation or pardon. 

Sec. 14. Governor shall be commander in chief 
—The governor shall be commander-in-chief of 


44 


GOVERNMENT OF NEBRASKA 


the military and naval forces of the state (except 
when they shall be called into the service of the 
United States) and may call out the same to 
execute the laws, suppress insurrection, and repel 
invasion. 

Sec. 15. Bill; approval; veto—Every bill passed 
by the legislature, before it becomes a law, and 
every order, resolution or vote to which the con¬ 
currence of both houses may be necessary (except 
on questions of adjournment) shall be presented 
to the governor. If he approve he shall sign it, 
and thereupon it shall become a law, but if he do 
not approve, he shall return it with his objections 
to the house in which it shall have originated, 
which house shall enter the objections at large 
upon its journal, and proceed to reconsider the 
bill. If then three-fifths of the members elected 
agree to pass the same, it shall be sent, together 
with the objections, to the other house, by which 
it shall likewise be reconsidered; and if approved 
by three-fifths of the members elected to that 
house, it shall become a law, notwithstanding the 
objections of the governor. In all such cases the 
vote of each house shall be determined by yeas 
and nays, to be entered upon the journal. Any 
bill which shall not be returned by the governor 
within five days (Sundays excepted), after it 
shall have been presented to him, shall become a 
law in like manner as if he had signed it; unless 
the legislature by their adjournment prevent its 
return; in which case it shall be filed, with his 
objections, in the office of the Secretary of State 
within five days of such adjournment, or become 
a law. The governor may disapprove any item 


GOVERNMENT OF NEBRASKA 


45 


or items of appropriation contained in bills passed 
by the legislature, and the item or items so dis¬ 
approved shall be stricken therefrom, unless re¬ 
passed in the manner herein prescribed in eases 
of disapproval of bills. 

Sec. 16. Vacancy in office of governor—In case 
of the death, impeachment and notice thereof to 
the accused, failure to qualify, resignation, ab¬ 
sence from the state, or other disability of the 
governor, the powers, duties and emoluments of 
the office for the residue of the term, or until the 
disability shall be removed, shall devolve upon the 
lieutenant governor. 

Sec. 17. President of senate—The lieutenant 
governor shall be president of the senate, and 
shall vote only when the senate is equally divided. 

Sec. 18. Office of governor, how filled—If there 
be no lieutenant governor, or if the lieutenant 
governor for any of the causes specified in section 
sixteen of this article, become incapable of per¬ 
forming the duties of the office, the president of 
the senate shall act as governor until the vacancy 
is filled, or the disability removed; and if the 
president of the senate, for any of the above 
named causes, shall become incapable of perform¬ 
ing the duties of governor, the same shall devolve 
upon the speaker of the house of representatives. 

Sec. 19. Board of public lands and buildings— 
The commissioner of public lands and buildings, 
the secretary of state, treasurer and attorney gen¬ 
eral shall form a board, which shall have general 
supervision and control of all the buildings, 
grounds and lands of the state, the state prison, 
asylums, and all other institutions thereof, except 


46 


GOVEENMENT OF NEBEASKA 


those for educational purposes; and shall perform 
such duties, and be subject to such rules and regu¬ 
lations- as may be prescnoed by law. 

Sec. 20. Vacancies in office, how filled—If the 
office of auditor of public accounts, treasurer, sec¬ 
retary of state, attorney general, commissioner of 
public lands and buildings, or superintendent of 
public instruction, shall be vacated by death, 
resignation, or otherwise, it shall be the duty of 
the governor to fill the same by appointment, and 
the appointee shall hold this office until his succes¬ 
sor shall be elected and qualified in such manner 
as may be provided by law. 

Sec. 21. Accounts of public officers—An ac¬ 
count shall be kept by the officers of the executive 
department and of all the public institutions of 
the state of all moneys received or disbursed by 
them severally from all sources, and for every ser¬ 
vice performed, and a semi-annual report thereof 
be made to the governor under oath; and any of¬ 
ficer who makes a false report shall be guilty of 
perjury and be punished accordingly. 

Sec. 22. Reports to governor—The officers of 
the executive department and of all the public 
institutions of the state shall at least ten days 
preceding each regular session of the legislature 
severally report to the governor, who shall trans¬ 
mit such reports to the legislature, together with 
the reports of the judges of the supreme court of 
defects in the constitution and laws, and the gov¬ 
ernor or either house of the legislature may at any 
time require information, in writing, under oath, 
from the officers of the executive department, and 
all officers and managers of state institutions, upon 


GOVERNMENT OF NEBRASKA 


47 


any subject relating to the condition, management 
and expenses of their respective offices. 

Sec. 23. Seal of state—There shall be a seal of 
the state, which shall be called the “Great Seal 
of the State of Nebraska’’ which shall be kept by 
the secretary of state, and used by him officially 
as directed by law. 

Sec. 24. Salaries, fees; clerks—The salaries of 
the governor, auditor of public accounts, and 
treasurer, shall be two thousand five hundred 
dollars each per annum, and of the secretary of 
state, attorney general, superintendent of public 
instruction, and commissioner of public lands and 
buildings shall be two thousand dollars each per 
annum. The lieutenant governor shall receive 
twice the compensation of a senator, and after the 
adoption of this constitution they shall not receive 
to their own use any fees, costs, interests upon 
public moneys in their hands, or under their con¬ 
trol, perquisites of office or other compensation, 
and all fees that may hereafter be payable by law 
for services performed by an officer provided for 
in this article of the constitution shall be paid in 
advance into the state treasury. There shall bo 
no allowance for clerk hire in the offices of the 
superintendent of public instruction and attorney 
general. 

Sec. 25. Bonds of officers—The officers men¬ 
tioned in this article shall give bonds in not less 
than double the amount of money that may come 
into their hands, and. in no case in less than the 
sum of fifty thousand dollars, with such provisions 
as to sureties and the approval thereof, and for 


48 


GOVERNMENT OF NEBRASKA 


the increase of the penalty of such bonds as may 
be prescribed by law. 

Sec. 26. No other offices —No other executive 
state office shall be continued or created, and the 
duties now devolving upon officers not provided 
foli* by this constitution shall be performed by the 
officers herein created. 

QUESTIONS ON ARTICLE V 

1. Of how many officers does the executive depart¬ 
ment consist? State briefly the duty of each. Give the 
name of the person who at this time is filling each of 
•these offices. 

2. Why should a person be ineligible to the office of 
governor or lieutenant governor who shall not have at¬ 
tained the age of thirty years and who has not been 
for the two years next preceding his election a citizen 
•of the United States and of this state? 

3. What is meant by consecutive terms? Why should 
a person be ineligible to the office of treasurer for two 
years next after the expiration of two consecutive terms 
for which he was elected? 

7. Define expedient. What are vouchers? 

11. What is meant by the recess of the legislature? 

12. Define malfeasance. 

13. Define reprieve, commutation, pardon. 

14. What is an insurrection? 

16. Define failure to qualify, disability of the gov¬ 
ernor, emoluments of the office, and residue of the term. 

18. The term president of the senate used in this sec¬ 
tion refers to the temporary president mentioned in Ar¬ 
ticle III, Section 7. 

19. Name and locate the various state institutions of 
which the Board of Public Lands and Buildings has 
general supervision and control. 

21. What does disbursed by them severally mean? 
What is perjury? 


GOVERNMENT OF NEBRASKA 


49 


23. What use is made of the great seal of the state 
of Nebraska? 

24. A biennial session of the legislature extended over 
a period of sixty days. How much did the compensation 
of the lieutenant governor amount to for the session? 

25. Explain the meaning of the word bonds as it is 
used in this section. 

ARTICLE VI—THE JUDICIAL DEPARTMENT 

Section 1. Judicial power—The judicial power 
of this state shall be vested in a supreme court, 
district courts, county courts, justices of the 
peace, police magistrates, and in such other courts, 
inferior to the district courts, as may be created 
by law for cities and incorporated towms. 

Sec. 2. Supreme court; jurisdiction—The su¬ 
preme court shall consist of three judges, a ma¬ 
jority of whom shall be necessary to form a 
quorum or to pronounce a decision. It shall have 
original jurisdiction in cases relating to the 
revenue, civil cases in which the state shall be a 
party, mandamus, qou w T arranto, habeas corpus, 
and such appellate jurisdiction as may be pro¬ 
vided by law. 

Sec. 3. Terms of supreme court—At least two 
terms of the supreme court shall be held each 
year, at the seat of government. 

Sec. 4. Election of judges—The judges of the 
supreme court shall be elected by the electors of 
the state at large, and their terms of office, except 
of those chosen at the first election, as hereinafter 
provided, shall be six years. 

Sec. 5. How classified—The judges of the su- 


50 


GOVERNMENT OF NEBRASKA 


preme court, shall immediately after the first elec¬ 
tion under this constitution, be classified by lot 
so that one shall hold his office for the term of 
two years, one for the term of four years, and one 
for the term of six years. 

Sec. 6. Chief justice —The judge of the supreme 

court having the shortest term to serve, not hold¬ 
ing his office by appointment or election to fill a 
vacancy, shall be the chief justice, and as such 
shall preside at all terms of the supreme court; 
and in case of his absence the judge having in 
like manner the next shortest term to serve shall 
preside in his stead. 

Sec. 7. Who ineligible —No person shall be 
eligible to the office of judge of the supreme court 
unless he shall be at least thirty years of age, and 
a citizen of the United States; nor unless he shall 
have resided in this state at least three years next 
preceding his election.- 

Sec. 8. Reporter; copyright of reports —There 

shall be appointed by the supreme court a re¬ 
porter, who shall also act as clerk of the supreme 
court, and librarian of the law and miscellaneous 
library of the state, whose term of office shall be 
four years, unless sooner removed by the court, 
whose salary shall be fixed by law, not to exceed 
fifteen hundred dollars per annum. The copy¬ 
right of the state reports shall forever belong to 
the state. 

Sec. 9. District courts; jurisdiction —The dis¬ 
trict court shall have both chancery and common 
law jurisdiction, and such other jurisdiction as 
the legislature may provide; and the judges 


GOVERNMENT OF NEBRASKA 


51 


thereof may admit persons charged with felony 
to a plea of guilty and pass such sentence as may 
be prescribed by law. 

Sec. 10. Judicial districts —The state shall be 
divided into six judicial districts, in each of which 
shall be elected, by the electors thereof, one judge 
who shall be judge of the district court there¬ 
in, and whose term of office shall be four years. 

Sec. 11. Increase of districts —The legislature, 
whenever two-thirds of the members elected to 
each house, shall concur therein, may, in, or after 
the year one thousand eight hundred and eighty 
and not oftener than once in every four years, in¬ 
crease the number of judges of the district courts, 
and the judicial districts of the state. Such dis¬ 
tricts shall be formed of compact territory, and 
bounded by county lines; and such increase, or 
any change in the boundaries of a district, shall 
not vacate the office of any judge. 

Sec. 12. Judges exchange —The judges of the 
district court may hold courts for each other, and 
shall do so when required by law. 

Sec. 13. Salary —The judges of the supreme 
and district courts shall each receive a salary of 
twenty-five hundred dollars per annum, payable 
quarterly. 

Sec. 14. No other compensation; attorney; 
county judge —No judge of the supreme or dis¬ 
trict courts shall receive any other compensation, 
perquisite, or benefits, for or on account of his 
office, in any form whatsoever, nor act as attorney 
or counsellor at law in any manner whatever, nor 
shall any salary be paid to any county judge. 


52 


GOVERNMENT OF NEBRASKA 


Sec. 15. County judge —There shall be elected 
in and for each organized county one judge, whu 
shall be judge in the county court of such county, 
and whose term of office shall be two years. 

Sec. 16. County courts; jurisdiction —County 
courts shall be courts of record, and shall have 
original jurisdiction in all matters of probate, 
settlements of estates of deceased persons, ap¬ 
pointment of guardians, and settlement of their 
accounts; in all matters relating to apprentices; 
and such other jurisdiction as may be given by 
general law. But they shall not have jurisdiction 
in criminal cases in which the punishment may 
exceed six months imprisonment, or a fine of over 
five hundred dollars; nor in actions in which title 
to real estate is sought to be recovered, or may be 
drawn in question; nor in actions on mortgages 
or contracts for the conveyance of real estate; nor 
in civil actions where the debt or sum claimed 
shall exceed one thousand dollars. 

Sec. 17. Appeals to district court —Appeals to 
the district courts from the judgments of county 
courts shall be allowed in all criminal cases, on 
application of the defendant; and in all civil cases, 
on application of either party, and in such other 
cases as may be provided by law. 

Sec. 18. Justices of the peace; police magis¬ 
trate; jurisdiction —Justices of the peace and 
police magistrates shall be elected in and for such 
districts, and have and exercise such jurisdiction 
as may be provided by law; Provided, that no 
justice of the peace shall have jurisdiction of any 
civil case where the amount in controversy shall 
exceed two hundred dollars; nor in a criminal 


GOVERNMENT OF NEBRASKA 


53 


case where the punishment may exceed three 
months imprisonment, or a fine of over one hun¬ 
dred dollars; nor in any matter wherein the title 
or boundaries of land may be in dispute. 

Sec. 19. Laws, proceedings, etc., to be uniform 
—All law r s relating to courts shall be general, and 
of uniform operation; and the organization, juris¬ 
diction, powers, proceedings, and practice of all 
courts of the same class or grade, so far as regu¬ 
lated by law and the force and effect of the pro¬ 
ceedings, judgments, and decrees of such courts, 
severally, shall be uniform. 

Sec. 20. Terms of office; residence; duties; com¬ 
pensation —All officers provided for in this article 
shall hold their offices until their successors shall 
be qualified and they shall respectively reside in 
the district, county or precinct for which they 
shall be elected or appointed. The terms of office 
of all such officers, when not otherwise prescribed 
in this article, shall be two years. All officers, 
when not otherwise provided for in this article, 
shall perform such duties and receive such com¬ 
pensation as may be provided by law. 

Sec. 21. Vacancies in offices of judges, how filled 
—In case the office of any judge of the supreme 
court, or of any district court, shall become vacant 
before the expiration of the regular term for 
which he was elected, the vacancy shall be filled 
by appointment by the governor until a successor 
shall be elected and qualified, and such successor 
shall be elected for the unexpired term at the 
first general election that occurs more than thirty 
days after the vacancy shall have happened. Va¬ 
cancies in all other elective offices provided for in 


54 


GOVERNMENT OF NEBRASKA 


this article shall be filled by election, but when 
the nnexpired term does not exceed one year the 
vacancy may be filled by appointment, in such 
manner as the legislature may provide. 

Sec. 22. Suits by and against state—The state 
may sue and be sued, and the legislature shall 
provide by law in what manner and in what courts 
suits shall be brought. 

Sec. 23. Jurisdiction of chambers—The several 

judges of the courts of record shall have such 
jurisdiction at chambers as may be provided by 
law. 

Sec. 24. Style of process—All process shall run 
in the name of “The State of Nebraska,’’ and all 
prosecutions shall be carried on in the name of 
“The State of Nebraska.” 

QUESTIONS ON ARTICLE VI 

Note.—In connection with the study of this article note 
the amendment to “A” to be found at the end of the book. 
Study the amendment now. 

2. Who are the judges of the supreme court at this 
time? Define each of the following expressions: original 
jurisdiction, civil cases, mandamus, quo warranto, habeas 
corpus, and appellate jurisdiction 

4. Explain the expression shall be elected by the elec¬ 
tors of the state at large. Where is the Supreme Court 
held? Why should judges of that court be required to 
reside there? 

6. Who is chief justice now? When will his term 
expire ? 

7. Give a reason for each of the qualifications of a 
supreme judge mentioned in this section. 

8. What is a copyright? What are state reports?... 

9. What is chancery jurisdiction? common law juris¬ 
diction? 


GOVERNMENT OF NEBRASKA 


55 


10. Since the constitution was adopted the state has 
been redistricted. What county or counties are com¬ 
prised in the district you live in? Who is the judge of 
the district court of this district? 

12. State conditions under which you think one dis¬ 
trict judge should hold court for another. 

14. Give a reason for each of the statements con¬ 
tained in this section. 

15. Who is the judge of the county court of this 
county? When elected? 

16. What is a court of record? What other courts pro¬ 
vided for in this constitution are courts of record? What 
is meant by matters of probate? title to real estate? 
actions on mortgages? 

17. Define the term defendant as it is used here. What 
name is applied to the other party to a lawsuit? 

19. Give the meaning of each of the following words: 
jurisdiction, proceedings, decrees. 

23. What does jurisdiction at chambers mean? 

24. What does process mean? 

ARTICLE VII—RIGHTS OF SUFFRAGE 

Section 1. Who are electors—Every male per¬ 
son of the age of twenty-one years or upwards 
belonging to either of the following classes, who 
shall have resided in the state six months, and in 
the county, precinct, or ward for the term pro¬ 
vided by law, shall be an elector. 

First. Citizens of the United States. 

Second. Persons of foreign birth who shall 
have declared their intention to become citizens 
conformably to the laws of the United States, on 
the subject of naturalization, at least thirty days 
prior to an election. 

Sec. 2. Who not qualified—No person shall be 
qualified to vote who is non compos mentis, or 


56 


GOVERNMENT OF NEBRASKA 


who has been convicted of treason or felony under 
the laws of the state or of the United States, un¬ 
less restored to civil rights. 

Sec. 3. Electors in military service —Every elec¬ 
tor in the actual military service of the United 
States or of this state, and not in the regular 
army, may exercise the right of suffrage at such 
place and under such regulations as may be pro¬ 
vided by law. 

Sec. 4. Soldiers or sailors not electors —No 

soldier, seaman, or marine in the army and navy 
of the United States shall be deemed a resident of 
the state in consequence of being stationed therein. 

Sec. 5. Electors privileged from arrest; military 
duty —Electors shall in all cases, except treason, 
felony, or breach of the peace, be privileged from 
arrest during their attendance at elections, and 
going to and returning from the same, and no elec¬ 
tor shall be obliged to do military duty on the 
days of elections, except in time of war and public 
danger. 

Sec. 6. Ballots —All votes shall be by ballot. 

QUESTIONS ON ARTICLE VII 

1. An immigrant from Europe lands at New York in 
April, and comes immediately to Nebraska. In Septem¬ 
ber lie declares his intention to become a citizen. Can 
he vote at the election in November? If so, do you 
think it best for him to be allowed to vote so soon? A 
person moves from one county to another; how long 
must he reside in his newly acquired place of residence 
before he can vote? A person moves from one precinct 
or township to another in the same county or from one 
ward to another in the same city; how long a time must 
elapse before he is entitled to vote? Is the residence 


GOVERNMENT OF NEBRASKA 


57 


qualification for voting at a municipal election the same 
as that for voting at a general election? If not, give a 
reason for the difference. State the length of time in 
each case. 

2. What does non compos mentis mean? A convict in 
the state penitentiary has lost his right to vote. What 
must be done in order for him to regain that right? 

3. In what ways may an elector be in the actual mili¬ 
tary service of the United States or of this state and not 
be in the regular army? 

4. At what places in Nebraska are United States 
soldiers stationed at the present time? 

5. Give a reason for the statements contained in this 
section. 


ARTICLE VIII—EDUCATION 

Section 1. Board of educational lands and funds 

—The governor, secretary of state, treasurer, at¬ 
torney general, and commissioner of public lands 
and buildings shall, under the direction of the leg¬ 
islature, constitute a board of commissioners, for 
the sale, leasing, and general management of all 
lands and funds set apart for educational pur¬ 
poses, and for the investment of school funds, in 
such manner as may be prescribed by law. 

Sec. 2. Property, how used—All lands, money 
or other property granted, or bequeathed, or in 
any manner conveyed to this state for educational 
purposes, shall be used and expended in accord¬ 
ance with the terms of such grant, bequest or con¬ 
veyance. 

Sec. 3. Permanent school fund—The following 
are hereby declared to be perpetual funds for 
common school purposes of which the annual in- 


58 


GOVERNMENT OE NEBRASKA 


terest or income only can be appropriated, to-wit: 

First. Such per centum as has been, or may 
hereafter be, granted by congress on the sale of 
lands in this state. 

Second. All moneys arising from the sale or 
leasing of sections numbers sixteen and thirty-six 
in each township in this state, and the lands se¬ 
lected, or that may be selected, in lieu thereof. 

Third. The proceeds of all lands that have 
been, or may hereafter be, granted to this state, 
where by the terms and conditions of such grant, 
the same are not to be otherwise appropriated. 

Fourth. The net proceeds of lands and other 
property and effects that may come to the state, 
oy escheat or forfeiture, or from unclaimed 
dividends, or distributive shares of the estates 
of deceased persons. 

Fifth. All moneys, stocks, bonds, lands, and 
other property, now belonging to the common 
school fund. 

Sec. 4. Temporary school fund—All other 

grants, gifts, and devises, that have been, or may 
hereafter be, made to this state, and not other¬ 
wise appropriated by the terms of the grant, gift 
or devise, the interest arising from all the funds 
mentioned in the preceding section, together 
with all the rents of the unsold school lands, and 
such other means as the legislature may provide, 
shall be exclusively applied to the support and 
maintenance of common schools in each school 
district in the state. 

Sec. 5. Fines, penalties, and license moneys— 

All fines, penalties, and license moneys, arising 


GOVERNMENT OF NEBRASKA 


59 


under the general laws of the state, shall belong 
and be paid over to the counties respectively, 
where the same may be levied or imposed, and 
all fines, penalties and license moneys arising 
under the rules, by-laws, or ordinances of cities, 
villages, towns, precincts, or other municipal sub¬ 
division less than a county shall belong and be 
paid over to the same respectively. All such fines, 
penalties and license moneys shall be appropri¬ 
ated exclusively to the use and support of com¬ 
mon schools in the respective subdivisions where 
the same may accrue. 

Sec. 6. Common schools —The legislature shall 
provide for the free instruction in the common 
schools of this state of all persons between the 
ages of five and twenty-one years. 

Sec. 7. Distribution of income —Provision shall 
be made by general law for an equitable distribu¬ 
tion of the income of the fund set apart for the 
support of the common schools, among the sev¬ 
eral school districts of the state and no appropri¬ 
ation shall be made from said fund to any dis¬ 
trict for the year in which school is not main¬ 
tained at least three months. 

Sec. 8. Educational lands; price —University, 
agricultural college, common school or other lands, 
which are now held or may hereafter be acquired 
by the state for educational purposes, shall not 
be sold for less than seven dollars per acre, nor 
less than the appraised value. 

Sec. 9. Funds inviolate; investment —All fundi 
belonging to the state for educational purposes, 
the interest and income whereof only are to be 


60 


GOVERNMENT OF NEBRASKA 


used, shall be deemed trust funds held by the 
state, and the state shall supply all losses thereof, 
that may in any manner accrue, so that the same 
shall remain forever inviolate and undiminished, 
and shall not be invested or loaned except on 
United States or state securities, or registered 
county bonds of this state; and such funds with 
the interest and income thereof, are hereby sol¬ 
emnly pledged for the purposes for which they 
are granted and set apart, and shall not be trans¬ 
ferred to any other fund for other uses. 

Sec. 10. Government of university; regents— 
The general government of the University of Ne¬ 
braska shall, under the direction of the legislature 
be vested in a board of six regents to be styled 
the Board of Regents of the University of Nebras¬ 
ka, who shall be elected by the electors of the 
state at large, and their term of office except those 
chosen at the first election as hereinafter provided, 
shall be six years. Their duties and powers shall 
be prescribed by law; and they shall receive no 
compensation, but may be reimbursed their actual 
expenses incurred in the discharge of their duties. 

Sec. 11. Sectarian instruction prohibited —No 
sectarian instruction shall be allowed in any school 
or institution supported in whole or in part by 
the public funds set apart for educational pur¬ 
poses ; nor shall the state accept any grant, con¬ 
veyance, or bequest of money, lands or other prop¬ 
erty to be used for sectarian purposes. 

Sec. 12. Reform schools —The legislature may 
provide by law for the establishment of a school 
or schools for the safe keeping, education, employ¬ 
ment and reformation of all children under the 


GOVERNMENT OF NEBRASKA 


61 


age of sixteen years, who for want of proper par¬ 
ental care, or other cause, are growing up in men¬ 
dicancy or crime. 

QUESTIONS ON ARTICLE VIII 

1. Bring to the class such information as you can get 
with regard to the sale, leasing and general management 
of all lands and funds set apart for educational purposes. 
How are school funds invested at the present time? 

3. Section 12 of the Nebraska Enabling Act reads as 
follows: “That five per centum of the proceeds of the 
sales of all public lands lying within said state which 
have been or shall be sold by the United States prior or 
subsequent to the admission of said state into the Union, 
after deducting all expenses incident to the same, shall 
be paid to the said state for the support of common 
schools . 1 * What is an enabling act? When and by what 
body was the Nebraska Enabling Act passed? 

Section 7 of the Nebraska Enabling Act reads as fol¬ 
lows: “That sections numbered sixteen and thirty-six in 
every township, and when such sections have been sold 
or otherwise disposed of by an act of Congress, other 
lands equivalent thereto, in legal subdivisions of not less 
than one-quarter section and as contiguous as may be, 
shall be, and are hereby, granted to said state for the 
support of common schools . 1 ’ What does the word con¬ 
tiguous mean? Locate exactly, in the township in which 
you live, sections sixteen and thirty-six. How many acres 
are included in the sections of land, or other lands equiv¬ 
alent thereto Hiat were granted by Congress from all of 
the townships of your county to the state for the support 
of common schools? Give the meaning of each of the 
following expressions: escheat, forfeiture, unclaimed divi¬ 
dends, distributive shares of the estates of deceased per¬ 
sons, stocks, and bonds as that word is used here. What 
is the amount of the permanent school fund of the state 
at this time? What is the annual income from it? 

4. What does the word devises mean? Such other 
means as the legislature may provide taken with the 
context gives the legislature the right to provide for 
the levying of taxes on personal property. 


62 


GOVERNMENT OF NEBRASKA 


7. How much money did your district receive last 
year from the state school fund? How much did your 
county receive? Explain how the amount to be given 
to each county and to each school district is determined. 

8. Section 10 of the enabling act provides for the set¬ 
ting apart of seventy-two sections of land to be reserved 
for the use and support of a state university. In 1862 
the United States set apart, within the limits of Ne¬ 
braska, 90,000 acres of land for the endowment and sup¬ 
port of a college for the benefit of agriculture. Since 
the Nebraska school of agriculture is a department of 
the state university, the rentals of the above mentioned 
lands and interest on the proceeds of the sale of them 
has been, and is, a source of financial support for the 
university. What is meant by appraised value? 

Note.—Study at this time the amendment to this section 
found near the close of the book. 

9. Explain the meaning of each of the following ex¬ 
pressions: inviolate, United States or state securities, 
and registered county bonds. 

11. What is meant by sectarian instruction? 

12. Define mendicancy. Locate and name each of the 
schools established by the state under the authority 
given by this section of the constitution. 

ARTICLE IX—REVENUE AND FINANCE 

Section 1. Revenue; taxes —The legislature shall 
provide such revenue as may be needful, by levy¬ 
ing a tax by valuation, so that every person and 
corporation shall pay a tax in proportion to the 
value of his, her or its property and franchises 
the value to be ascertained in such manner as the 
legislature shall direct, and it shall have power to 
tax peddlers, auctioneers, brokers, hawkers, com¬ 
mission merchants, showmen, jugglers, inn-keep¬ 
ers, liquor dealers, toll bridges, ferries, insurance, 
telegraph and express interests or business, vend- 


GOVERNMENT OF NEBRASKA 


63 

ers of patents, in such manner as it shall direct 
by general law, uniform as to the class upon 
which it operates. 

Sec. 2. Exemption from taxation—The property 
of the state, counties, and municipal corporations, 
both real and personal shall be exempt from tax¬ 
ation, and such other property as may be used 
exclusively for agricultural and horticultural 
societies, for school, religious, cemetery, and char¬ 
itable purposes, may be exempted from taxation, 
but such exemptions shall be only by general law. 
In the assessment of real estate incumbered by 
public easement, any depreciation occasioned by 
such easement may be deducted in the valuation 
of such property. The legislature may provide 
that the increased value of lands by reason of 
live fences, fruit and forest trees grown and cul¬ 
tivated thereon, shall not be taken into account, 
in the assessment thereof. 

Sec. 3. Redemption from sales of lands for taxes 
—The right of redemption from all sales of real 
estate for the non-payment of taxes or special 
assessments of any character whatever, shall exist 
in favor of owners and persons interested in such 
real estate, for a period of not less than two years 
from such sales thereof: Provided, that occupants 
shall in all cases be served with personal notice 
before the time of redemption expires. 

Sec. 4. Taxes not to be released—The legis¬ 
lature shall have no power to release or discharge 
any county, city, township, town or district what¬ 
ever, or the inhabitants thereof, or any corpor¬ 
ation, or the property therein, from their or its 
proportionate share of taxes to be levied for state 


64 


GOVERNMENT OF NEBRASKA 


purposes, or due any municipal corporation, nor 
shall commutation for such taxes be authorized in 
any form whatever. 

Sec. 5. County taxes; limit —County authorities 

shall never assess taxes the aggregate of which 
shall exceed one and one-half dollars per hundred 
dollars valuation, except for the payment of in¬ 
debtedness existing at the adoption of this con¬ 
stitution, unless authorized by a vote of the peo¬ 
ple of the county. 

Sec. 6. Municipal taxes —The legislature may 
vest the corporate authorities of cities, towns, and 
villages, with power to make local improvements 
by special assessments, or by special taxation of 
property benefited. For all other corporate pur¬ 
poses, all municipal corporations may be vested 
with authority to assess and collect taxes, but 
such taxes shall be uniform in respect to persons 
and property within the jurisdiction of the body 
imposing the same. 

Sec. 7. Property exempt from payment of 
municipal debts —Private property shall not be 
liable to be taken or sold for the payment of the 
corporate debts of municipal corporations. The 
legislature shall not impose taxes upon municipal 
corporations, or the inhabitants or property 
thereof, for corporate purposes. 

Sec. 8. Funding indebtedness —The legislature 
at its first session shall provide by law for the 
funding of all outstanding warrants, and other 
indebtedness of the state, at a rate of interest 
not exceeding eight per cent per annum. 

Sec. 9. Claims upon state treasury —The legis- 


GOVERNMENT OF NEBRASKA 


65 


]ature shall provide by law, that all claims upon 
the treasury, shall be examined and adjusted by 
the auditor, and approved by the secretary of 
state, before any warrant for the amount allowed 
shall be drawn. Provided that a party aggrieved 
by the decision of the auditor and secretary of 
state may appeal to district court. 

QUESTIONS ON ARTICLE IX 

1. What is a corporation? 

What are franchises? 

2. What is meant by municipal corporations? Explain 
the meaning of the expression incumbered by public 
easement. Give an illustration of such incumbrance. 
Give a reason for the power given the legislature in the 
last sentence of this section. 

3. Explain what is meant by the right of redemption 
from all sales of real estate. Give an illustration of 
special assessments on real estate. Find, by inquiry, 
an example of the sale of real estate for the non-pay¬ 
ment of taxes or special assessments. 

4. Explain what commutation for such taxes means. 

5. By valuation the assessed valuation is meant. Last 
year in your county the assessed valuation was what 
fraction of the actual valuation? 

6. Give the meaning of the word vest. In what offi¬ 
cers is the corporate authority of your city, town, or 
village vested? Find, if you can, whether or not in re¬ 
cent years the corporate authorities of your city, town, 
or village have made local improvements by special 
assessment or by special taxation of property benefited. 
If they have done so what w T ere the improvements? 
Who makes the tax levy for your town? 

7. Note the care with which private and municipal 
rights are guarded in this section. 

What does funding mean? Define warrants as the 
word is used here. 

9. Why should all claims upon the treasury be exam¬ 
ined and adjusted by the auditor and approved by the 


66 


GOVERNMENT OF NEBRASKA 


secretary of state before any warrant for the amount 
allowed can be drawn? 

ARTICLE X—COUNTIES 

Section 1. Area —No new county shall be 
formed or established by the legislature which 
will reduce the county or counties, or either of 
them to a less area than four hundred square 
miles, nor shall any county be formed of a less 
area. 

Sec. 2. Division of counties —No county shall 
be divided or have any part stricken therefrom, 
without first submitting the question to a vote of 
the people of the county, nor, unless a majority 
of all the legal voters of the county voting on the 
question shall vote for the same. 

Sec. 3. Same —There shall be no territory 
stricken from any organized county, unless a ma¬ 
jority of the voters living in such territory shall 
petition for such division, and no territory shall 
be added to any organized county without the 
consent of the majority of the voters of the county 
to which it is proposed to be added; but the por¬ 
tion so stricken off and added to another county, 
or formed in whole or in part into a new county, 
shall be holden for and obliged to pay its propor¬ 
tion of the indebtedness of the counties from 
which it has been taken. 

Sec. 4. Election of officers —The legislature 
shall provide by law for the election of such 
county and township officers as may be necessary. 

Sec. 5. Township organization —The legislature 
shall provide by general law for township organ- 


GOVERNMENT OF NEBRASKA 


G7 


ization, under which any county may organize 
whenever a majority of the legal voters of such 
county voting at any general election shall so de¬ 
termine; and in any county that shall have 
adopted a township organization the question of 
continuing the same may be submitted to a vote 
of the electors of such county at a general election 
in the manner that shall be provided by law. 

QUESTIONS ON ARTICLE X 

1. Why should a county not contain fewer than four 
hundred square miles? How many congressional town¬ 
ships (areas of land six miles square according to the 
United States government survey) would there be in 
a county containing four hundred square miles? How 
many square miles are there in your county? How 
many congressional townships? 

2 and 3. Give one or more reasons for the existence 
of these sections. 

5. Explain what is meant by township organization. 
Is your county under township organization? If not, 
what are the essential differences between the town¬ 
ship organization system and the system your county 
is under? Which system do you think is the best? Give 
reasons for your answer. 


ARTICLE XI —RAILROAD CORPORATIONS 

Section 1. Public office; reports—Every rail¬ 
road corporation organized or doing business in 
this state, under the laws or authority thereof, or 
of any other state, or of the United States, shall 
have and maintain a public office or place in this 
state for the transaction of its business, where 
transfers of stock shall be made, and in which 
shall be kept, for public inspection, books in 


68 


GOVERNMENT OF NEBRASKA 


which shall be recorded the amount of capital 
stock subscribed, and by whom, the names of the 
owners of its stock, and the amounts owned by 
them respectively, the amount of stock paid in 
and by whom, the transfers of said stock, the 
amount of its assets and liabilities, and the names, 
and places of residence of its officers. The direct¬ 
ors of every railroad corporation or other parties 
having control of its road, shall annually make a 
report under oath, to the auditor of public ac¬ 
counts, or some officer to be designated by law, of 
the amount received from passengers and freight, 
and such other matters relating to railroads as 
may be prescribed by law. And the legislature 
shall pass laws enforcing by suitable penalties the 
provisions of this section. 

Sec. 2. Property liable to sale on execution— 
The rolling stock and all other movable property 
belonging to any railroad company or corpor¬ 
ation in this state, shall be liable to execution and 
sale in the same manner as the personal property 
of individuals, and the legislature shall pass no 
law exempting any such property from execution 
and sale. 

Sec. 3. Consolidation; competing line —No rail¬ 
road corporation, or telegraph company, shall 
consolidate its stock, property, franchises, or 
earnings in whole or in part, with any other rail¬ 
road corporation or telegraph company owning a 
parallel or competing line; and in no case shall 
any consolidation take place except upon public 
notice of at least sixty days, to all stockholders, 
in such manner as may be provided by law. 

Sec. 4. Railways public highways; rates of 


GOVERNMENT OF NEBRASKA 


69 


transportation; limiting liability—Railways here¬ 
tofore constructed, or that may hereafter be con¬ 
structed, in this state are hereby declared public 
highways, and shall be free to all persons for the 
transportation of their persons and property 
thereon, under such regulations as may be pre¬ 
scribed by law. And the legislature may from 
time to time pass laws establishing reasonable 
maximum rates of charges for the transportation 
of passengers and freight on the different rail¬ 
roads in this state. The liability of railroad cor¬ 
porations as common carriers shall never be 
limited. 

Sec. 5. Issuance of stocks and bonds—No rail- 
railroad corporation shall issue any stock or 
bonds, except for money, labor or property actu¬ 
ally received and applied to the purposes for 
which such corporation was created; and all stock, 
dividends, or other fictitious increase of the cap¬ 
ital stock or indebtedness of any such corporation 
shall be void. The capital stock of railroad cor¬ 
porations shall not be increased for any purpose, 
except after public notice for sixty days, in such 
manner as may be provided by law. 

Sec. 6. Eminent domain—The exercise of the 
power and the right of eminent domain shall 
never be so construed or abridged as to prevent 
the taking by the legislature, of the property and 
franchises of incorporated companies already or¬ 
ganized, or hereafter to be organized, and sub¬ 
jecting them to the public necessity the same as 
of individuals. 

Sec. 7. Abuses regulated by law—The legis¬ 
lature shall pass laws to correct abuses and pre- 


70 


GOVERNMENT OF NEBRASKA 


vent unjust discrimination and extortion in all 
charges of express, telegraph and railroad com¬ 
panies in this state and enforce such laws by ade¬ 
quate penalties to the extent, if necessary for that 
purpose, of forfeiture of their property and 
franchises. 

Sec. 8. Railroads organized in other states— 

No railroad corporation organized under the laws 
of any other state, or of the United States and do¬ 
ing business in this state shall be entitled to ex¬ 
ercise the right of eminent domain or have power 
to acquire the right of way, or real estate for 
depot or other uses, until it shall have become a 
body corporate pursuant to and in accordance 
with the laws of this state. 

QUESTIONS ON ARTICLE XI 

1. Define the term capital stock. Give a reason for 
the requirements contained in this section. 

2. Define execution as the term is used here. 

3. Why should a railroad corporation or telegraph 
company not consolidate its stock, property, franchises, 
or earnings in whole or in part with any other railroad 
corporation or telegraph company owning a parallel or 
competing line? 

4. Note the statement that railways are public high¬ 
ways. Has the legislature made use of its right to pass 
laws establishing reasonable maximum rates of charges 
for the transportation of passengers and freight on the 
different railroads in this state? What is a common car¬ 
rier? Explain the meaning of the word liability as used 
in this section. 

5. What is the difference between stocks and bonds 
as those words are used here? What does fictitious in¬ 
crease mean? Give a reason for the. prohibition con¬ 
tained in the first section of this article. What is 
watered stock? 


GOVERNMENT OF NEBRASKA 


71 


6. What is the right of eminent domain? What is 
meant by subjecting them to the public necessity? 

7. What does unjust discrimination and extortion 
mean? 

8. What does the right of way mean? 

ARTICLE XIa—MUNICIPAL CORPORATIONS 

Section 1. Subscriptions prohibited—No city, 
county, town, precinct, municipality, or other 
subdivision of the state, shall ever become a sub¬ 
scriber to the capital stock, or owner of such 
stock, or any portion or interest therein of any 
railroad, or private corporation, or association. 

QUESTIONS ON ARTICLE XIa 

1. Give a reason for the existence of this section. 

ARTICLE Xlb—MISCELLANEOUS CORPOR¬ 
ATIONS 

Section 1. Incorporations by general law—No 

corporation shall be created by special law, nor 
its charter extended, changed, or amended, ex¬ 
cept those for charitable, educational, penal, or 
reformatory purposes, which are to be and remain 
under the patronage and control of the state, but 
the legislature shall provide by general laws for 
the organization of all corporations hereafter to 
be created. All general laws passed pursuant to 
this section may be altered from time to time, or 
repealed. 

Sec. 2. Street railroads—No such general law 
shall be passed by the legislature granting the 


72 


GOVERNMENT OF NEBRASKA 


right to construct and operate a street railroad 
within any city, town, or incorporated village 
without first requiring the consent of a majority 
of the electors thereof. 

Sec. 3. Suits —All corporations may sue and be 
sued in like cases as natural persons. 

Sec. 4. Liability of subscribers to stock —In all 

cases of claims against corporations and joint 
stock associations, the exact amount justly due 
shall be first ascertained, and after the corporate 
property shall have been exhausted the original 
subscribers thereof shall be individually liable to 
the extent of their unpaid subscription, and the 
liability for the unpaid subscription shall follow 
the stock. 

Sec. 5. Elections —The legislature shall provide 
by law that in all elections for directors or man¬ 
agers of incorporated companies, every stock¬ 
holder shall have the right to vote in person or 
proxy, for the number of shares of stock owned 
by him, for as many persons as there are directors 
or managers to be elected, or to cumulate said 
shares and give one candidate as many votes as 
the number of directors multiplied by the number 
of his shares of stock, shall equal, or to distribute 
them upon the same principle among as many 
candidates as he shall think fit, and such directors 
or managers shall not be elected in any other 
manner. 

Sec. 6. Existing charters —All existing charters 
or grants of special or exclusive privileges, under 
which organization shall not have taken place, or 
which shall not be in operation within sixty days 


GOVERNMENT OF NEBRASKA 


73 . 


from the time this constitution takes effect, shall 
thereafter have no validity or effect whatever. 

Sec. 7. Banks; liability of stockholders; state¬ 
ments —Every stockholder in a banking corpor- 
tion or institution shall be individually responsi¬ 
ble and liable to its creditors over and above the 
amount of stock by him held to an amount equal 
to his respective stock or shares so held, for all 
its liabilities accruing while he remains such 
stockholder, and all banking corporations shall 
publish quarterly statements under oath of their 
assets and liabilities. 

QUESTIONS ON ARTICLE Xlb 

1. What do penal and patronage mean here? Explain 
the necessity for the prohibition contained in the first 
sentence of this section. 

4. What is a joint stock association? 

5. Define proxy and cumulate. 

6. Define validity. 

7. Have you ever seen the published quarterly state¬ 
ment of a bank? Why should such statements be pub¬ 
lished? 


ARTICLE XII—STATE, COUNTY AND MUNI¬ 
CIPAL INDEBTEDNESS 

Section 1. Debts of state —The state may, to- 
meet casual deficits, or failures in the revenues, 
contract debts never to exceed in the aggregate 
one hundred thousand dollars, and no greater in¬ 
debtedness shall be incurred except for the pur¬ 
pose of repelling invasion, suppressing insurrec- 
ion, or defending the state in war, and provision 
shall be made for the payment of the interest 


74 


GOVERNMENT OF NEBRASKA 


annually, as it shall accrue, by a tax levied for the 
purpose, or from other sources of revenue, which 
law providing for the payment of such interest by 
;such tax, shall be irrepealable until such debt be 
paid. 

Sec. 2. Donations in aid of works of internal 
improvement —No city, county, town, precinct, 
municipality, or other subdivision of the state, 
shall ever make donations to any railroad, or 
other works of internal improvement, unless a 
proposition so to do, shall have been first sub¬ 
mitted to the qualified electors thereof, at an elec¬ 
tion by authority of law. Provided, that such 
donations of a county with the donations of such 
subdivisions in the aggregate shall not exceed ten 
per cent of the assessed valuation of such county. 
Provided further, that any city or county may, by 
a two-thirds vote increase such indebtedness five 
per cent in addition to such ten per cent; and no 
bonds or evidences of indebtedness so issued shall 
be valid, unless the same shall have endorsed 
thereon a certificate signed by the secretary and 
auditor of state, showing that the same is issued 
pursuant to law. 

Sec. 3. State credit not given or loaned —The 

credit of the state shall never be given or loaned 
in aid of any individual, association, or corpor¬ 
ation. 

QUESTIONS ON ARTICLE XII 

1. What is meant by casual deficits? What is the 
difference between an insurrection and an invasion? 
Define irrepealable. 

2. Give a reason for the existence of this section. 


GOVERNMENT OF NEBRASKA 


75 


3. Tell just what is meant by the credit of the state. 
Why should it never be given or loaned in aid of any 
individual, association, or corporation? 


ARTICLE XIII—MILITIA 

Section 1. Militia—The legislature shall deter¬ 
mine what persons shall constitute the militia 
of the state, and may provide for organizing and 
disciplining the same. 

QUESTIONS ON ARTICLE XIII 

The militia of the state is composed of able-bodied 
male citizens between what age limits? 


ARTICLE XIV—MISCELLANEOUS 
PROVISIONS 

Section 1. Oath of officers—Executive and ju¬ 
dicial officers and members of the legislature, 
before they enter upon their official duties shall 
take and subscribe the following oath, or affirm¬ 
ation. “I do solemnly swear (or affirm) that I will 
support the constitution of the United States, and 
the* constitution of the State of Nebraska, and 

will faithfully discharge the duties of- 

according to the best of my ability, and that at 
the election at which I was chosen to fill said 
office, I have not improperly influenced in any 
way the vote of any elector, and have not ac¬ 
cepted, nor will I accept or receive, directly or in¬ 
directly, any money or other valuable thing from 
any corporation, company or person, or any 
promise of office, for any official act or influence 



76 


GOVERNMENT OF NEBRASKA 


(for any vote I may give or withhold on any bill, 
resolution, or appropriation.)” Any such officer 
or member of the legislature who shall refuse to 
take the oath herein prescribed, shall forfeit his 
'office, and any person who shall be convicted of 
having sworn falsely to, or of violating his said 
oath shall forfeit his office, and thereafter be dis¬ 
qualified from holding any office of profit or trust 
in this state unless he shall have been restored to 
civil rights. 

Sec. 2. Who ineligible to office —Any person 
who is in default as collector and custodian of 
public money or property shall not be eligible to 
any office of trust or profit under the constitution 
or laws of this state; nor shall any person con¬ 
victed of felony be eligible to office unless he shall 
have been restored to civil rights. 

Sec. 3. Drunkenness —Drunkenness shall be a 
cause of impeachment and removal from office. 

QUESTIONS ON ARTICLE XIV 

1. Study carefully the oath or affirmation contained 
in this section and note how full of meaning it is. 

ARTICLE XV—AMENDMENTS 

Section 1. How Made —Either branch of the 
legislature may propose amendments to this con¬ 
stitution, and if the same be agreed to by three- 
fifths of the members elected to each house, such 
proposed amendments shall be entered on the 
journals, with the yeas and nays, and published 
once each week in at least one newspaper in each 
•county, where a newspaper is published, for three 


GOVERNMENT OF NEBRASKA 


77 


months immediately preceding the next election 
of senators and representatives, at which election 
the same shall be submitted to the electors for 
approval or rejection, and if a majority of the 
electors voting at such election, adopt such 
amendments, the same shall become a part of this 
constitution. When more than one amendment is 
submitted at the same election they shall be so 
submitted as to enable the electors to vote on each 
amendment separately. 

Sec. 2. Convention to revise constitution— 

When three-fifths of the members elected to each 
branch of the legislature deem it necessary to call 
a convention to revise, amend, or change this con¬ 
stitution, they shall recommend to the electors to 
vote at the next election of members of the legis¬ 
lature, for or against the convention, and if a ma¬ 
jority voting at said election vote for a conven¬ 
tion, the legislature shall, at its next session pro¬ 
vide by law for calling the same. The convention 
shall consist of as many members as the house of 
representatives, who shall be chosen in the same 
manner, and shall meet within three months after 
their election, for the purpose aforesaid. No 
amendment or change of this constitution, agreed 
upon by such convention, shall take effect until 
the same has been submitted to the electors of the 
state, and adopted by a majority of those voting 
for or against the same. 

QUESTIONS ON ARTICLE XV 

1. What number of members in the senate would be 
necessary to agree to a proposed amendment? What 
number in the house? Why is it better for an amend¬ 
ment to be approved by a majority of the electors vot- 


78 


GOVERNMENT OF NEBRASKA 


ing at the election at which it is submitted than to be 
approved simply by a majority of those voting on the 
amendment ? 

ARTICLE XVI—SCHEDULE 

Section 1. Rights preserved —That no incon¬ 
venience may arise from the revision and changes 
made in the constitution of this state, and to carry 
the same into effect, it is hereby ordained and de¬ 
clared that all laws in force at the time of the 
adoption of this constitution, not inconsistent 
therewith, and all rights, actions, prosecutions, 
claims and contracts of this state, individuals or 
bodies corporate, shall continue to be as valid as 
if this constitution had not been adopted. 

Sec. 2. Fines, taxes, etc., to inure to people— 

All fines, taxes, penalties and forfeitures owing 
to the State of Nebraska, or to the people thereof, 
under the present constitution and laws, shall 
inure to the use of the people of the State of Ne¬ 
braska, under this constitution. 

Sec. 3. Recognizances, etc., to remain valid— 

Recognizances, bonds, obligations, and all other 
instruments entered into or executed upon the 
adoption of this constitution, to the people of the 
State of Nebraska, to the State of Nebraska, to 
any state or county officer, or public body, shall 
remain binding and valid, and rights and liabili¬ 
ties upon the same shall continue; and all crimes 
and misdemeanors shall be tried and punished as 
though no change had been made in the constitu¬ 
tion of this state. 


GOVERNMENT OF NEBRASKA 


79 


Sec. 4. Jurisdiction of courts —All existing 
courts which are not in this constitution specific¬ 
ally enumerated, and concerning which no other 
provision is herein made shall continue in exist¬ 
ence and exercise their present jurisdiction until 
otherwise provided by law. 

Sec. 5. Persons to continue in office —All per¬ 
sons now filling any office or appointment shall 
continue in the exercise of the duties thereof, ac¬ 
cording to their respective commissions, elections 
or appointments, unless by this constitution it is 
otherwise directed. 

Sec. 6. District Attorneys —The district attor¬ 
neys now in office shall continue during their un¬ 
expired terms to hold and exerc.ise the duties of 
their respective offices in the judicial districts 
herein created, in wdiich they severally reside. In 
each of the remaining districts, one such officer 
shall be elected at the first general election, and 
hold his office until the expiration of the terms 
of those now in office. 

Sec. 7. Constitution, when submitted— This con¬ 
stitution shall be submitted to the people of the 
State of Nebraska, for adoption or rejection, at 
an election to be held on the second Tuesday of 
October, 1875, and there shall be separately sub¬ 
mitted at the same time for adoption or rejection 
the independent article relating to “Seat of Gov¬ 
ernment’ ’ and the independent article, “allowing 
electors to express their preference for United 
States Senator.” 

Sec. 8. Election for— At said election the quali¬ 
fied electors shall vote at the usual places of vot¬ 
ing, and the said election shall be conducted and 


80 


GOVERNMENT OF NEBRASKA 


the returns thereof made according to the laws 
now in force regulating general elections, except 
as herein otherwise provided. 

Sec. 9. Election supplies —The secretary of state 
shall, at least twenty days before said election, 
cause to be delivered to the county clerk of each 
county, blank poll books, tally lists, and forms 
of return, and twice as many of properly pre¬ 
pared printed ballots for the said election as there 
are voters in such county, the expense whereof 
shall be audited and paid as other public print¬ 
ing ordered by the secretary is by law required to 
be audited and paid; and the several county clerks 
shall, at least five days before said election, cause 
to be distributed to the judges of election in each 
election precinct in their respective counties, 
said blank poll books, tally lists, forms of return, 
and tickets. 

Sec. 10. Forms of ballot —At the said election 
the ballots shall be of the following form: 

For the New Constitution. Against the New 
Constitution. For the article relating to “Seat of 
Government.” Against the article relating to 
“Seat of Government.” For the article “Allow¬ 
ing electors to express their preference for United 
States Senator.” Against the article “allowing 
electors to express, their preference for United 
States Senator.” 

Sec. 11. Returns and canvass of elections —The 

returns of the whole vote cast, and of the votes 
for the adoption or rejection of this constitution 
and for or against the articles respectively sub¬ 
mitted shall be made by the several county clerks 


GOVERNMENT OF NEBRASKA 


81 


to the secretary of state, within fourteen days 
after the election, and the returns of the said 
votes shall within three days thereafter, be ex¬ 
amined and canvassed by the president of this 
convention, the secretary of state, and the gov¬ 
ernor, or any two of them, and proclamation shall 
he made forthwith, by the governor or the presi¬ 
dent of this convention, of the result of the 
canvass. 

Sec. 12. Result of canvass—If it shall appear 
that a majority of the votes polled are “For the 
New Constitution’' then so much of this new con¬ 
stitution as was not separately submitted to be 
voted on by articles shall be the supreme law of 
the State of Nebraska on and after the first day 
of November A. D. 1875. But if it shall appear 
that a majority of the votes polled were “Against 
the New Constitution” the whole thereof includ¬ 
ing the articles separately submitted shall be null 
and void. If the votes “For the New Constitu¬ 
tion” shall adopt the same and it shall appear 
that a majority of the votes polled are “For the 
article relating to ‘Seat of Government’ ”, said 
article shall be a part of the Constitution of this 
state. If the votes “For the ‘New Constitution’ ” 
shall adopt the same and it shall appear that the 
majority of the votes polled are “For the Article 
‘Allowing electors to express their preference for 
United States Senator’ ” said article shall be a 
part of the constitution of this state. 

Sec. 13. General election, when held—The gen¬ 
eral election of this state shall be held on the 
Tuesday succeeding the first Monday of Novem¬ 
ber of each year, except the first general election 


82 


GOVERNMENT OF NEBRASKA 


which shall be on the second Tuesday in October, 
1875. All state, district, county, precinct, and 
township officers, by the constitution or laws 
made elective by the people, except school dis¬ 
trict officers, and municipal officers in cities, vil¬ 
lages and towns, shall be elected, at a general elec¬ 
tion to be held as aforesaid. Judges of the su¬ 
preme, district and county courts, all elective 
county and precinct officers, and all other elective 
officers, the time for the election of whom is not 
herein otherwise provided for, and which are not 
included in the above exception, shall be elected 
at the first general election and thereafter at the 
general election next preceding the time of the 
termination of their respective terms of office. 
Provided, that the office of no county commis¬ 
sioner shall be vacated hereby. 

Sec. 14. Terms of office—The terms of office of 
all state and county officers, or judges of the su¬ 
preme, district and county courts, and regents 
of the University, shall .begin on the first Thurs¬ 
day after the first Tuesday in January next suc¬ 
ceeding their election, the present state and 
county officers, members of the legislature, and 
regents of the University, shall continue in office 
until their successors shall be elected and 
qualified. 

Sec. 15. Successors of court—The supreme, dis¬ 
trict and county courts established by this consti¬ 
tution shall be the successors respectively of the 
supreme court, the district courts and the probate 
courts, having jurisdiction under the existing con¬ 
stitution. 

Sec. 16. Courts; continuance—The supreme, 


GOVERNMENT OF NEBRASKA 


83 


district, and probate courts now in existence, shall 
continue, and the judges thereof shall exercise the 
power and retain their present jurisdiction until 
the courts provided for by this constitution shall 
be organized. 

Sec. 17. Same —All cases, matters and proceed¬ 
ings, pending undetermined in the several courts, 
and all records, judgments, orders and decrees 
remaining therein are hereby transferred to and 
shall be proceeded in and enforced in and by the 
successors thereof respectively. 

Sec. 18. Existing constitution to cease —If this 
constitution be adopted the existing constitution 
shall cease in all its provisions on the first day of 
November A. D. 1875. 

Sec. 19. Provisions taking immediate effect— 

The provisions of this constitution required to be 
executed prior to the adoption or rejection there¬ 
of shall take effect and be in force immediately. 

Sec. 20. Duty of legislature —The legislature 
shall pass all laws necessary to carry into effect 
the provisions of this constitution. 

Sec. 21. State officers to take oath —On the tak¬ 
ing effect of this constitution all state officers 
hereby continued in office shall before proceeding, 
in the further discharge of their duties, take an 
oath or affirmation to support this constitution. 

Sec. 22. Regents of university, how classified— 
The regents of the University shall be elected at 
the first general election under this constitution, 
and be classified by lot, so that two shall hold their 
offices for the term of two years, two for the term 
of four years, and two for the term of six years. 


84 


GOVERNMENT OF NEBRASKA 


Sec. 23. Executive officers continued in office— 

The present executive state officers shall continue 
in office until the executive state officers provided 
for in this constitution shall be elected and 
qualified. 

Sec. 24. Returns of votes cast at first election— 

The returns of the whole vote cast for the judges 
of the supreme and district courts, district attor¬ 
neys and regents of the University, under the 
first general election shall be made by the several 
county clerks to the secretary of state within four¬ 
teen days after the election; and the returns of 
the said votes shall within three days thereafter 
be examined and canvassed by the governor, sec¬ 
retary of state and the president of this conven¬ 
tion or any two of them, and the certificates of 
election shall forthwith be issued by the secretary 
of state to the persons found to be elected. 

Sec. 25. Salaries paid by warrant of auditor— 

The auditor shall draw the warrants of the state 
quarterly for the payment of the salaries of all 
officers under this constitution, whose compensa¬ 
tion is not otherwise provided for, which shall be 
paid out of any funds not otherwise appropriated. 

Sec. 26. Terms of court —Until otherwise pro¬ 
vided by law, the judges of the district courts 
shall fix the time of holding courts in their respec¬ 
tive districts. 

Sec. 27. Members of first legislature —The mem¬ 
bers of the first legislature under this constitution 
shall be elected in the year 1876. 

Sec. 28. Constitution; enrollment; publication 

—This constiution shall be enrolled and deposited 


GOVERNMENT OF NEBRASKA 


85 


in the office of the secretary of state, and printed 
copies thereof shall be prefixed to the books con¬ 
taining the laws of the state, and all future 
editions thereof. 

QUESTIONS ON ARTICLE XVI 

I. Note the general purpose of this article. 

3. What is a recognizance? 

4. What does jurisdiction mean? 

5. Define commission when used in the sense that 
commissions is here. Name an official in your com¬ 
munity who holds an office as the result of a commission 
issued by the governor. 

9. What are poll books, tally lists, and forms of re¬ 
turn? 

II. Define the word canvass as it is used in this sec¬ 
tion. 

13. What is a county commissioner? 

28. What does enrolled mean as used here? 

PROPOSITIONS SEPARATELY SUBMITTED 

Allowing Electors to Express Their Preference 
for United States Senator 

Election—The legislature may provide that at 
the general election immediately preceding the 
expiration of the term of a United States Senator 
from this state, the electors may by ballot express 
their preference for some person for the office of 
United States Senator. The votes cast for such 
candidates shall be canvassed and returned in the 
same manner as for state officers. 

Why is it best for the electors to be allowed to ex¬ 
press their preference for United States Senator? When 


86 


GOVERNMENT OF NEBRASKA 


was this privilege last used by them? What candidate 
for United States senator received at that election a 
majority of the votes cast? 

Seat of Government 

Relocation—The seat of government of the 
state shall not be removed or relocated without 
the assent of a majority of the electors of the state 
voting thereupon, at a general election or elec¬ 
tions, under such rules and regulations as to the 
number of elections and manner of voting and 
places to be voted for, as may be prescribed by 
law. Provided the question of removal may be 
submitted at such other general elections as may 
be provided by law. 

Amendment 

Adopted November 6, 1906. 

State railway commission—There shall be a 

state railway commission, consisting of three 
members, who shall be first elected at the general 
election in 1906, whose term of office, except those 
chosen at the first election under this provision, 
shall be six years, and whose compensation shall 
be fixed by the legislature. Of the three com¬ 
missioners first elected, the one receiving the 
highest number of votes, shall hold his office for 
six years, the next highest four years, and the 
lowest two years. The powers and duties of such 
commission shall include the regulation of rates, 
service and general control of common carriers as 
the legislature may provide by law. But in the 
absence of specific legislation, the commission 


GOVERNMENT OF NEBRASKA 


87 


shall exercise the powers and perform the duties 
enumerated in this provision. 

Who are the members of this commission at this time? 

AMENDMENT TO SEC. 9, ARTICLE 8. 

Adopted November 3, 1908. 

Educational Funds, Investment —All funds be¬ 
longing to the state for educational purposes, the 
interest and income whereof only are to be used, 
shall be deemed trust funds held by the state, and 
the state shall supply all losses thereof that may 
in any manner accrue, so that the same shall re¬ 
main forever inviolate and undiminished; and 
shall not be invested or loaned except on United 
States or state securities, or registered county 
bonds of this state, or registered school district 
bonds of this state, and such other securities as 
the legislature may from time to time direct. And 
such funds with the interest and income thereof 
are hereby solemnly pledged for the purposes 
for which they are granted and set apart, and 
shall not be transferred to any other fund for 
other uses. 

State the exact difference between the section as amended 
and as it was originally. 

Why was it considered advisable to extend the list of se¬ 
curities mentioned? 

Why should county and school district bonds be register¬ 
ed? Are such bonds usually considered good? 

If your county or your school district has any out-stand¬ 
ing bonds now, at what premium, if any, were they sold? 


88 


GOVERNMENT OF NEBRASKA 


AMENDMENTS RELATING TO THE SU¬ 
PREME COURT. 

Amending Sections 2, 4, 5, 6 and 13 of Article 6 
Adopted November 3, 1908. 

Sec. 2. .Supreme Court; Judges; Jurisdiction— 

The Supreme Court shall consist of seven (7) 
judges; and a majority of all elected and quali¬ 
fied judges shall be necessary to constitute a quo¬ 
rum or pronounce a decision. The Supreme 
Court shall have jurisdiction in all cases relat¬ 
ing to the revenue, civil cases in which the state 
is a party, mandamus, quo warranto, habeas cor¬ 
pus, and such appellate jurisdiction as may be 
provided by law. 

Sec. 4. Supreme court, judges, election, term, 
residence—The judges of the Supreme Court 
shall be elected by the electors of the state at 
large; and their term of office except as 
hereinafter provided shall be six years. And said 
Supreme Court judges shall during their term of 
office, reside at the place where the court is 
holden. 

Sec. 5. Supreme court, judges, election, term; 
chief justice.—That at the general election to be 
held in the state of Nebraska in the year 1909, 
and each six years thereafter, there shall be 
elected three (3) judges of the Supreme Court, 
who shall hold their office for the period of six 
years; that at the general election to be held in 
the state of Nebraska in the year 1911, and each 
six years thereafter, there shall be elected three 
(3) judges of the Supreme Court, who shall hold 


GOVERNMENT OF NEBRASKA 81) 

their office for the period of six years; and at the 
general election to be held in the state of Ne¬ 
braska in the year 1913 and each six years there¬ 
after, there shall be elected a Chief Justice of 
the Supreme Court, who shall hold his office for 
the period of six years. Provided that the mem¬ 
ber of the Supreme Court whose term of office 
expires in January 1914, shall be Chief Justice 
of the Supreme Court during that time until the 
expiration of his term of office. And provided 
further, that upon the adoption of these amend¬ 
ments by the electors of the state, the Governor 
shall, immediately upon issuing his proclamation 
declaring said amendments adopted, appoint 
four (4) judges of the Supreme Court, two (2) 
of whom shall be appointed to hold said office 
until their successors shall be elected at the gen¬ 
eral election in 1909, and have qualified; and the 
other two (2) shall hold their office until their 
successors shall be elected at the general election 
held in 1911, and have qualified. 

Sec. 6. Chief Justice— The Chief Justice shall 
serve as such during all the term for which he 
was elected. He shall preside at all terms of 
the Supreme Court, and in his absence the judges 
present shall select one of their number to pre¬ 
side temporarily. 

Sec. 13. Judges, salaries.— That judges of the 
Supreme Court shall each receive a salary of $4,- 
500, and the judges of the District Court shall 
each receive a salary of $3,000 per annum, pay¬ 
able quarterly. 


90 


GOVERNMENT OF NEBRASKA 


2. How many more judges are provided for by the amend¬ 
ment than were provided for originally? What made this 
increase necessary? 

13. This yearly increase provides for how much yearly in¬ 
crease in salary for each judge of the Supreme Court? For 
each District Judge? Give a reason for the increase in these 
salaries. 



















































































































































































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